Opinion · Supreme Court of Alabama

Ex Parte Orr

Ex Parte Orr, 374 So. 2d 898 (Ala. 1979)

Type
Opinion
Court
Supreme Court of Alabama
Jurisdiction
Alabama
Date
1979-08-17
Topic
general

Writ denied. BLOODWORTH, MADDOX and FAULKNER, JJ., concur. JONES, J., concurs specially. ALMON, EMBRY and BEATTY, JJ., dissent. TORBERT, C.J., recuses.

Citator

UpLaw has not yet analyzed Ex Parte Orr. The absence of a flag is not a finding that it is good law.

Cited by
20 opinions
EX PARTE ORR,374 So.2d 898(Ala. 1979)
374 So.2d 898
Ex parte William Herbert ORR.
(In re William Herbert Orr v. Lillian M. Orr.)
78-694.
Supreme Court of Alabama.
August 17, 1979.
Petition for Writ of Certiorari to Court of Civil Appeals,374 So.2d 895.
John L. Capell, III of Capell, Howard, Knabe Cobbs, Montgomery, for petitioner.

No brief for respondent.
SHORES, Justice.
Writ denied.

BLOODWORTH, MADDOX and FAULKNER, JJ., concur.

JONES, J., concurs specially.

ALMON, EMBRY and BEATTY, JJ., dissent.

TORBERT, C.J., recuses.
JONES, Justice (concurring specially):
My original inclination was to agree with the result reached by the minority to grant the writ of certiorari. While I agree with the Court of Civil Appeals in holding that, under the mandate of the United States Supreme Court's opinion inOrr v.Orr,440 U.S. 268,99 S.Ct. 1102,59 L.Ed. 306(1979), the Alabama alimony statute may be so interpreted as to render it constitutional, I have difficulty with the retrospective application aspect of the opinion. But this Court has recently spoken to this precise issue inEverage v. Gibson,372 So.2d 829(Ala. 1979). Having expressed my view in a rather lengthy dissenting opinion inEverage, I now yield to the majority and join my fellow Justices in denying the writ in the instant case.

It is worthy of note that the legislative void referred to the Court of Civil Appeals' opinion has been filled by Act No. 486, Regular Session 1979. See, also, 82 C.J.S.Statutes§ 414 (1953).
EMBRY, Justice (dissenting):
I respectfully dissent for the reasons expressed in my special concurring opinion in 78-245Ex parte Gartman (In reGartman V. Gartman), [Ms. August 17, 1979].

ALMON and BEATTY, JJ., concur.