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Cupp v. Phelps
Citations: 543 So. 2d 692; 1989 Ala. LEXIS 210; 1989 WL 52048Docket: 87-1092
Court: Supreme Court of Alabama; April 21, 1989; Alabama; State Supreme Court
On March 21, 1988, Fred Cupp filed a motion in the Cullman Circuit Court to void a judgment and reopen the case CV-87-5075, which involved his mother-in-law, Lucille Phelps, suing his wife, Patricia G. Cupp, to set aside a 1980 deed transferring Phelps's home to Patricia. Fred Cupp, although residing in the home and making improvements, was not named in the deed nor as a party in the lawsuit. The trial court voided the deed on January 15, 1988, without Fred Cupp's knowledge, which he claimed was only received on March 17, 1988. Alongside his motion to void the judgment, he sought to consolidate this case with his ongoing divorce action (DR-87-435) and to intervene in the lawsuit, both of which were denied. Additionally, Cupp initiated a separate action (CV-88-82) asserting an equitable interest in the property and alleging fraud in the deed transfer. The court noted that a party not involved in a case typically cannot appeal its judgment, referencing Sho-Me Motor Lodges, Inc. v. Jehle-Slauson Construction Co. Therefore, since Cupp was not a party to CV-87-5075, his appeal was dismissed, and he was advised to pursue his claims in his separate action CV-88-82. The appeal was dismissed with concurrence from Chief Justice Hornsby and Justices Jones, Adams, and Houston.