MATTINGLY v. MATTINGLY

Civ. 6835.

541 So.2d 552 (1989)

Sylvia S. MATTINGLY v. Charles William MATTINGLY.

Court of Civil Appeals of Alabama.

February 15, 1989.


Attorney(s) appearing for the Case

James R. Owen, Bay Minette, for appellant.

Thomas P. Williams of Wilkins, Bankester, Biles & Wynne, Bay Minette, for appellee.


J. ED TEASE, Retired Circuit Judge.

This is an appeal by the former wife of the trial court's denial of her petition to sell a jointly owned residence for division of proceeds, this residence being the subject of a property settlement award in the 1980 decree of the divorce between the parties.

The 1980 divorce decree stated in pertinent part as follows:

"The Plaintiff [appellant] shall be, and is hereby, awarded the possession of the dwelling house...

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