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Jones v. Jones

Alabama Court of Civil Appeals

September 12, 2014

Gerald Van Jones
v.
Gaynor Jones

          Appeals from Montgomery Circuit Court. (DR-97-168.03).

          AFFIRMED.

          For Appellant: James E. Long, Montgomery.

          OPINION

          MOORE, Judge.

         See Rule 53(a)(1) and (a)(2)(F), Ala. R. App. P.; Morgan v. Morgan, [Ms. 2120101, July 11, 2014] __ So.3d __, __, *1 (Ala.Civ. 2014); and Britt v. Britt, 684 So.2d 1325, 1326 (Ala.Civ. 1996).

         Thompson, P.J., and Pittman and Donaldson, JJ., concur.

          DISSENT

         THOMAS, Judge, dissenting.

         I respectfully dissent as to the affirmance of the trial court's award of postminority educational support. On October 4, 2013, our supreme court released Ex parte Christopher, [Ms. 1120387, Oct. 4, 2013] 145 So.3d 60 (Ala. 2013), in which our supreme court expressly overruled Ex parte Bayliss, 550 So.2d 986 (Ala. 1989). In overruling Bayliss, our supreme court specifically held that,

" [a]lthough [this] decision does not affect final orders of postminority educational support already entered, our overruling of Bayliss is applicable to all future cases. Further, this decision also applies to current cases where no final postminority-support order has been entered or where an appeal from a postminority-support order is still pending."

Christopher, __ So.3d at __ Id. at*18 (emphasis added).

         In August 2011, Gaynor Jones (" the mother" ) filed a petition in the Montgomery

Page 338

Circuit Court seeking an award of postminority educational support for the parties' son. The trial court entered an order on April 26, 2013, granting the petition seeking an award of postminority educational support. However, that order was not a final judgment because it did not specify an amount or a percentage of postminority educational support for which Gerald Van Jones (" the father" ) was to be responsible. Despite that fact, the father appealed the order in September 2013, after his motion seeking reconsideration of the April 2013 order was denied. After discovering the jurisdictional defect, this court reinvested the trial court with jurisdiction to enter an order specifying an amount or percentage of postminority educational support, which the trial court ...


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