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EX PARTE AYERS

1931017.

643 So.2d 1377 (1994)

Ex parte Randall AYERS. (In re Randall AYERS v. Indy AYERS).

Supreme Court of Alabama.

July 22, 1994.

Attorney(s) appearing for the Case

George A. Nassaney, Jr., Tuscaloosa, for petitioner.

Jerry B. Baird and Elizabeth S. Davis of Prince, Baird & Poole, P.C., Tuscaloosa, for respondent.

PER CURIAM.

WRIT DENIED.

HORNSBY, C.J., and ALMON, SHORES, INGRAM and COOK, JJ., concur.

MADDOX, HOUSTON, STEAGALL and KENNEDY, JJ., dissent.

STEAGALL, Justice (dissenting).

I respectfully dissent from the majority's denial of this petition for a writ of certiorari. Ala.Code 1975, § 30-2-55, provides that the trial court "shall" modify a divorce judgment to terminate alimony upon proof that the spouse receiving alimony is "living...

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