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Bruce Albright v. Marsha Albright Poe
State: Alabama
Court: Court of Appeals
Docket No: 2090154
Case Date: 06/25/2010
Plaintiff: Bruce Albright
Defendant: Marsha Albright Poe
Preview:REL: 6/25/10

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2009-2010 _________________________ 2090154 _________________________ Bruce Albright v. Marsha Albright Poe Appeal from Randolph Circuit Court (CV-08-900046) THOMAS, Judge.
Marsha Albright Poe instituted a sale-for-division action in the Randolph Circuit Court, seeking to have property that she alleged is jointly owned by her and her ex-husband Bruce Albright sold for division because, she alleged, it could not

2090154
be equitably divided. complaint, disputing Albright, acting pro se, answered the that Poe owned any interest in the

property because, he alleged, they had agreed that he was to receive the property as part of the settlement agreement

incorporated into their divorce judgment.

Albright later

secured counsel, who filed two amended answers and asserted counterclaims of promissory estoppel, breach of contract, and adverse possession. judgment and the Albright attached the parties' divorce settlement agreement that had been

incorporated into the divorce judgment to his first amended answer; the settlement agreement does not mention the disputed property. Poe moved to dismiss the counterclaims, attaching She and Albright

to her motion the deed to the property.

filed briefs supporting their respective positions on Poe's motion to dismiss Albright's counterclaims. after considering those briefs, dismissed of the The trial court, all Albright's court's

counterclaims.

The

final

sentence

trial

judgment dismissing Albright's counterclaims orders Poe to "move forward with her [sale] for division action." appealed that judgment to this court. Albright

This court transferred

the appeal to the Alabama Supreme Court because this court

2

2090154
lacked subject-matter jurisdiction; the Alabama Supreme Court then transferred the appeal to this court, pursuant to Ala. Code 1975,
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