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STATE DEPT. OF REVENUE v. PRUITT

2951140.

711 So.2d 1014 (1997)

STATE DEPARTMENT OF REVENUE v. Charles PRUITT.

Court of Civil Appeals of Alabama.

Rehearing Denied June 20, 1997.

Certiorari Quashed February 6, 1998.

Attorney(s) appearing for the Case

Bill Pryor, atty. gen.; Ron Bowden, chief counsel, Department of Revenue, and asst. atty. gen.; and Claude E. Patton, asst. counsel, Department of Revenue, and asst. atty. gen., for appellant.

Stuart C. DuBose, Jackson, for appellee.

Alabama Supreme Court 1961649.

BEATTY, Retired Justice.

The State Department of Revenue appeals from a judgment in favor of Charles Pruitt. We reverse and remand.

Pruitt and his former wife, Nona, were divorced in May 1991. The divorce judgment confirmed a separation agreement previously executed by the Pruitts. That agreement provided, in pertinent part, as follows:

"III. Property Division "A. Real ".......

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