Released for Publication September 15, 2015.
Appeal from Petition for Writ of Mandamus (Lee
Circuit Court, DR-09-363.04), Trial Judge: Jacob A. Walker, Judge.
For Petitioner: James S. Ward, Ward & Wilson, LLC, Birmingham.
For Respondent: Mark N. Chambless, Chambless Math Carr, P.C., Montgomery.
MOORE, Judge. Thompson, P.J., and Pittman, Thomas, and Donaldson, JJ., concur.
PETITION FOR WRIT OF MANDAMUS
David Dudley Crum (" the former husband" ) petitions this court for a writ of mandamus directing the Lee Circuit Court (" the trial court" ) to conduct a hearing for the purpose of determining whether he has satisfied the property-division provisions of a judgment divorcing the former husband from Catherine Mida Crum (" the former wife" ). We deny the former husband's petition.
The trial court entered a judgment on August 18, 2011, divorcing the parties; among other things, that judgment ordered the former husband to pay periodic alimony to the former wife in the amount of $3,500 per month. Following the filing of postjudgment motions by both parties, the trial court entered a judgment on February 16, 2012 (" the revised judgment" ), which rescinded the periodic-alimony award and provided for an award of property to the former wife in the amount of $2.75 million in lieu of periodic alimony. The revised judgment provided, in pertinent part:
" (d) The [former] wife is awarded a judgment against the [former] husband in the amount of two million, seven hundred and fifty thousand dollars ($2,750,000.00). This judgment is intended to provide support for the [former] wife in lieu of periodic alimony, as well as constituting a division of the parties' marital assets.
" (e) The judgment shall be satisfied by the following methods:
" (i) the [former] husband may pay the [former] wife in cash received from the conversion of certain business ...