Stutts v. Stutts, 418 So. 2d 115

PER CURIAM.

Certiorari was granted because of an alleged conflict between this case and Monroe v. Monroe, 356 So.2d 196 (Ala.Civ.App.1977). We agree that a conflict does exist between Monroe and the present case, as well as other cases. However, it is our opinion that the case of McGugin v. McGugin, 357 So.2d 347 (Ala.Civ.App.1978), contains the correct reasoning, and to the extent Monroe is in conflict with McGugin and the other cases consistent therewith, it should not be followed.

The judgment of the Court of Civil Appeals, 418 So.2d 113, is therefore affirmed.

AFFIRMED.

TORBERT, C. J., and FAULKNER, JONES, ALMON, SHORES, EMBRY, BEATTY and ADAMS, JJ., concur.

Case Details

Case Name: Stutts v. Stutts

Court Name: Supreme Court of Alabama

Date Published: Aug 6, 1982

Citations: 418 So. 2d 115; 1982 Ala. LEXIS 3322; 81-20

Docket Number: 81-20

Court Abbreviation: Ala.