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DIVORCE & RES JUDICATA - OSBORNE V. OSBORNE

Osborne v. Osborne, [Ms. 2150319, May 13, 2016] __ So. 3d __ (Ala. Civ. App. 2016). A spouse’s assault and battery claim not pled, tried, or settled in a divorce case is not thereafter barred by the doctrine of res judicata. Citing Abbot v. Williams, 888 F.2d 1550, 1554-55 (11th Cir. 1989), the Court of Civil Appeals concludes “a divorcing spouse should not be required to include tort claims in a divorce action, because to do so would deprive each party of his or her right to have a tort action tried before a jury.” Ms. *22-23.

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