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Reaves v. Reaves12/19/2003
On February 7, 2002, the wife, Margaret Elaine Reaves, sued the husband, Barry D. Reaves, for a divorce. On October 3, 2002, the trial court entered a final judgment divorcing the parties. In its judgment, the trial court awarded the wife custody of the parties' children. The trial court divided the parties' retirement accounts as follows:
"10. [The wife] shall be entitled to her retirement account and her bank account. In addition thereto, [the wife] shall receive $24,000 from [the husband's] 401k account and $25,000 from [the husband's] retirement account with Huhtamaki.
"11. [The husband] shall have the remainder of his 401k account, the remainder of his retirement account through his employer, and his bank account."
The court ordered the husband to pay the wife $450 per month in periodic alimony. On October 11, 2002, pursuant to Rule 59, Ala. R. Civ. P., the husband moved to alter or amend the judgment, or, in the alternative, for a new trial. On December 23, 2002, the trial court entered an order on the case action summary sheet denying the husband's motion. On January 15, 2003, the trial court, on its own motion, entered an order purporting to amend the judgment to award the wife no more than 50% of the husband's retirement accounts as of the date of separation. However, that order was a nullity because the trial court no longer had the authority to "revisit its own order denying a Rule 59 postjudgment motion." Paris v. Estate of Williams, 769 So. 2d 321, 323 (Ala. Civ. App. 2000)(dismissing an appeal where the trial court purported to enter an order setting aside its denial of the Rule 59 motion). See also Ex parte Allstate Life Ins. Co., 741 So. 2d 1066 (Ala. 1999)(holding that after a trial court denies a Rule 59 motion, the trial court loses jurisdiction over the case). On February 3, 2003, the husband filed his notice of appeal, contending that the trial court had erred in its award of custody, in its award of more than 50% of his retirement accounts to the wife, and in its award of periodic alimony. On February 13, 2003, the wife cross-appealed, arguing that the trial court's judgment failed to include provisions for filing a Qualified Domestic Relations Order ("QDRO").
While these appeals were pending, the wife moved this court for leave to file a Rule 60(b), Ala. R. Civ. P., motion for relief from the judgment, which this court granted on February 27, 2003. On May 19, 2003, the trial court entered an order granting the wife's Rule 60(b) motion. We note that the wife's motion seeking relief from the judgment is not included in the record, although the trial court's order granting such relief was included in the record pursuant to the trial court's order that the record be supplemented.
In its grant of relief from the judgment, the trial court ordered:
"1. Alabama law does not allow more than 50% of a retirement account of one party be awarded to another in a divorce . This Court was well aware of this fact at the time of rendering the judgment of divorce. It was the intent of the Court at the time the judgment was rendered to award [the wife] 50% of [the husband's] retirement account, no more. The calculations of the Court were obviously in error in the judgment and the Court mistakenly awarded more.
"2. The Court grants relief from the judgment and corrects such error to reflect that the Court awards [the wife] 50% of [the husband's] 401K and retirement accounts (balance as of the date of the separation).
"3. The Court retains jurisdiction over the issue of division of the retirement accounts for the purpose of issuing a [QDRO] that complies with the requirements of the retirement account and 40
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