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Cooper v. Cooper

Court of Civil Appeals of Alabama
Dec 8, 1982
423 So. 2d 901 (Ala. Civ. App. 1982)

Opinion

Civ. 3430.

December 8, 1982.

Appeal from the Circuit Court, Madison County, Thomas N. Younger, J.

Patrick H. Graves, Jr. of Smith, Huckaby Graves, Huntsville, for appellant.

M.H. Lanier and H. Harold Stephens of Lanier, Shaver Herring, Huntsville, for appellee.


This is a divorce case.

Wife claims on appeal that the trial court's division of property, award of alimony in gross, and award of right to claim children as dependents for tax purposes were in error. Trial was heard ore tenus.

The matters complained of on appeal are matters of judicial discretion and will not be reversed unless the trial court's findings are so unsupported by the evidence as to be clearly unjust and palpably wrong. Panayiotou v. Panayiotou, 419 So.2d 242 (Ala.Civ.App. 1982). In addition, the trial court's findings are presumed correct if supported by the evidence. Dennis v. Dennis, 383 So.2d 187 (Ala.Civ.App. 1980). After a review of the record, we find no such abuse of discretion with regard to any of the matters on appeal. See Ala. Digest, Appeal Error, Key No. 931 (1).

Briefly, we note wife complains under the authorities of Boyd v. Boyd, 394 So.2d 33 (Ala.Civ.App. 1980); Marshall v. Marshall, 392 So.2d 226 (Ala.Civ.App. 1980), and Roubicek v. Roubicek, 246 Ala. 442, 21 So.2d 244 (1945), that the alimony in gross should be increased because it was less than one-third of the marital estate. We do not find that the law requires the award to be at least one-third to one-half of the marital estate as wife asserts. Such a division need only be equitable according to the circumstances of each case. Willis v. Willis, 401 So.2d 110 (Ala.Civ.App. 1981). We cannot say the circumstances of this case make the award inequitable.

This case is due to be affirmed.

AFFIRMED.

BRADLEY and HOLMES, JJ., concur.


Summaries of

Cooper v. Cooper

Court of Civil Appeals of Alabama
Dec 8, 1982
423 So. 2d 901 (Ala. Civ. App. 1982)
Case details for

Cooper v. Cooper

Case Details

Full title:Shirley Mae COOPER v. Samuel Edward COOPER

Court:Court of Civil Appeals of Alabama

Date published: Dec 8, 1982

Citations

423 So. 2d 901 (Ala. Civ. App. 1982)

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