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HENDLEY v. HENDLEY

No. 2970989.

733 So.2d 427 (1999)

Mary HENDLEY v. Cephus Lawrence HENDLEY.

Court of Civil Appeals of Alabama.

Rehearing Denied April 9, 1999.

Attorney(s) appearing for the Case

Robert D. Drummond, Jr., Montgomery, for appellant.

Joel W. Weatherford of Farmer, Price, Hornsby & Weatherford, L.L.P., Dothan, for appellee.

BEATTY, Retired Justice.

In October 1991, the parties married. In April 1993, the wife filed a complaint for a divorce, and in April 1997, she filed an amended complaint, adding counts alleging assault and battery.

Following a hearing held in June 1997, the trial court issued an order divorcing the parties. That order also stated:

"(5) [The wife's] motion to amend to add complaint for assault and punitive...

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