EX PARTE EVANS

1020381.

875 So.2d 297 (2003)

Ex parte Carol R. EVANS. (In re Carol R. Evans v. David J. Evans).

Supreme Court of Alabama.

September 5, 2003.


Attorney(s) appearing for the Case

Martin Ray and Jonathan K. McGee of Ray, Oliver & Ward, L.L.C., Tuscaloosa, for petitioner.

Dan Warnes, Guntersville, for respondent.


WOODALL, Justice.

In 2001, after 22 years of marriage, David J. Evans ("the husband") and Carol R. Evans ("the wife") were divorced by the Marshall Circuit Court, following the presentation of ore tenus evidence. The wife filed a Rule 59, Ala. R. Civ. P., motion to alter, amend, or vacate the judgment, or, alternatively, for a new trial ("the Rule 59 motion"). In the Rule 59 motion, the wife requested a hearing, which the trial court did not grant. On July 17, 2001...

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