MARINO v. MARINO

Civ. 2075.

381 So.2d 89 (1980)

Barbara L. MARINO v. Don C. MARINO.

Court of Civil Appeals of Alabama.

March 5, 1980.


Attorney(s) appearing for the Case

David D. Wininger and Robert Wyeth Lee, Jr. of Wininger & Associates, Birmingham, for appellant.

J. Gary Pate and Charles J. Najjar, Najjar & Najjar, Birmingham, for appellee.


WRIGHT, Presiding Judge.

The parties were divorced in 1977. The divorce decree incorporated an agreement of the parties providing for division of property, child custody, support and alimony.

In 1979 the wife filed a petition in the trial court seeking an interpretation of certain provisions of the agreement. Those provisions as pertinent read as follows:

5. F. Husband is entitled to receive a credit from the proceeds of sale of said premises for...

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