Capone v. Capone
Court of Civil Appeals of Alabama
962 So.2d 835 (Ala. Civ. App. 2006)
Relevant factsFree
John Capone (plaintiff) sued his wife Beverly (defendant) for divorce; Beverly countersued, alleging John committed adultery with their mutual friend J.T., pointing to frequent phone calls between them and John's dishonesty about an out-of-state work assignment taken with J.T. John denied any affair, admitting only that he stayed in J.T.'s guestroom after separating from Beverly. The trial court's divorce decree included John's adultery as a finding, and John appealed.
IssueFree
Whether adultery can be proven by circumstantial evidence that is not strong enough to lead the guarded discretion of a reasonable and just mind to the conclusion of adultery as a necessary inference.