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Appellate Law
: Alabama Appellate WatchCourt Dismisses Appeal from Non-Final Custody Decision
By Madeline H. Haikala
The Court of Civil Appeals was without jurisdiction to review a custody decision in J.M.M. v. J.C., 2090172 (Ala. Civ. App. May 7, 2010), because the trial court had not resolved the issue of child support, making the judgment non-final. "Generally, an appeal will lie only from a final judgment, and if there is not a final judgment then this court is without jurisdiction to hear the appeal . . . 'A judgment is not final if it fails to completely adjudicate all issues between the parties.'" To be final, custody decisions must include a determination of the parties' child support obligations.
Full post as published by Alabama Appellate Watch on May 15, 2010 (boomark / email).
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