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984 So. 2d 418

B.B. v. F.P.

Court of Civil Appeals of Alabama

Decided October 5, 2007

Court of Civil Appeals of Alabama · decided 2007-10-05

Cited by 5 later decisions — most recently October 2010

5 state decisions

Relies on 554 So. 2d 376 - Greene v. Thompson · 875 So. 2d 297 - Ex Parte Evans

Good law ✅— No negative treatment on recordhow we know

Decided 2007-10-05

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MOORE, Judge,

¶1dissenting.

¶2As noted in the main opinion, a trial court commits reversible error when it fails to grant a party’s request for a hearing on a motion filed pursuant to Rule 59, Ala. R. Civ. P., if that motion has probable merit. See Ex parte Evans, 875 So.2d 297, 299-300 (Ala.2003); and Greene v. Thomp*424son, 554 So.2d 376, 381 (Ala.1989). Because in this case the mother’s post-judgment motion had probable merit, and because the mother requested a hearing on her motion, the trial court committed reversible error by not holding a hearing on that motion. I would therefore simply reverse the judgment for the trial court to hold a hearing on the mother’s post-judgment motion.

¶3THOMAS, J., concurs.

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