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Capone v. Capone

Court of Civil Appeals of Alabama
962 So.2d 835 (Ala. Civ. App. 2006)


John Capone (plaintiff) sued his wife, Beverly Capone (defendant), for divorce. Beverly countersued for divorce, claiming that John had committed adultery with a mutual friend, J.T. At trial, Beverly testified that John and J.T. spoke often on the phone and that John had lied to Beverly about an out-of-state, temporary work assignment he had taken with J.T. John testified that he had not had an affair with J.T. John admitted that he had spent nights at J.T.’s apartment after he and Beverly separated, but stated that he had slept in J.T.’s guestroom. The trial court entered a divorce decree, including John’s adultery with J.T. as a ground. John appealed.

Rule of Law


Holding and Reasoning (Crawley, J.)

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