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Smith v. Smith

Alabama Court of Civil Appeals

April 12, 2019

Kandi SMITH
v.
Heath SMITH

Page 1243

          Appeal from Bibb Circuit Court (CV-17-900011). Donald L. McMillan, Judge

         Jon B. Terry and Jon David Terry of Bains & Terry, Bessemer, for appellant.

         Candice J. Shockley, Pelham, for appellee.

         OPINION

         THOMPSON, Presiding Judge.

         Kandi Smith ("the wife") appeals from a judgment of the Bibb Circuit Court ("the trial court") divorcing her from Heath Smith ("the husband").[1] Specifically, the wife challenges certain amendments the trial court made to the final judgment in response to the parties’ postjudgment motions regarding the division of marital property and other miscellaneous provisions.

         The record indicates the following. On February 8, 2017, the husband filed in the trial court a complaint for a divorce. On February 15, 2017, the trial court ordered the parties to mediate the matter and appointed a mediator. The parties met for mediation, and in July 2017 they executed an agreement ("the agreement") that was incorporated into the August 2017 divorce judgment.[2] The agreement provided that, among other things, the wife

"will retain the [marital residence]. [The husband] will issue a quit claim deed to the [wife] for this property. [The husband] will get first right to purchase the property should [the wife] choose to sell. [The wife] will not sell for at least 10 years or until all of the [husband’s] debts associated with the business at the time of this [judgment] are paid off.
"The enclosed @ one-acre pasture located at this address will be deeded to [the husband]. [The husband] will [have] the property surveyed and a quit claim deed prepared.[3]
"....
"The [wife] will retain the unattached garage building located on the property

Page 1244

in Woodstock, Al.[, the location of the marital residence]."

          On August 6, 2017, the trial court entered the judgment ("the August 2017 judgment") divorcing the parties, dividing the marital property, deciding custody, and setting forth the parties’ child-support obligations. Regarding the division of the marital residence and the surrounding ...


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