¶2I concur in all aspects of the opinion except the following statement: "However, when Benvenuto petitioned the Russell Circuit Court to incorporate the agreement in the divorce judgment, the agreement lost its contractual nature. . . ." As I understand the relevant caselaw, the agreement would lose its contractual nature when and if it was merged into a judgment of modification. I concur in the judgment.
886 So. 2d 90
Ex Parte Murphy
Decided December 30, 2003
Supreme Court of Alabama · decided 2003-12-30
Cited by 8 later decisions — most recently February 2014
8 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 2003-12-30
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