Beck v. Beck ( 1972 )

I agree that the trial court committed no error in affirming the decree of the trial court ordering a sale of the property, which was the only decree from which this appeal was taken. The appellant assigns as error the decree of the trial court denying her motion to dissolve the injunction. This decree was entered subsequent to the time when the citation of appeal was filed in connection with the decree ordering the sale of the homestead.

Even though appellee joined issue on the assignment of error relating to the decree on appellant's motion to dissolve the injunction, jurisdiction to review that decree cannot be conferred by a mere assignment of error with a joinder in the assignment. Pfingstl v. Solomon,240 Ala. 58, 197 So. 12 (1940). We cannot, therefore, review the decree of the court denying the motion to dissolve on this appeal. I would base our refusal to review Assignment 9 on this ground alone.