Baker v. Estate of Higgins

Court of Civil Appeals of Alabama

Baker v. Estate of Higgins

183 So. 3d 145, 2015 Ala. Civ. App. LEXIS 62

CourtCourt of Civil Appeals of Alabama

DecidedMarch 27, 2015

Docket2130240

StatusPublished

This text of 183 So. 3d 145 (Baker v. Estate of Higgins) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Estate of Higgins, 183 So. 3d 145, 2015 Ala. Civ. App. LEXIS 62 (Ala. Ct. App. 2015).

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Opinion

After Remand from the Alabama Supreme Court

THOMPSON, Presiding Judge.

This court, on February 21, 2014, affirmed the trial court’s judgment, without an opinion. The Supreme Court of Alabama has reversed this court’s judgment and remanded the cause. Ex parte Baker, 183 So.3d 139 (Ala.2015). In compliance with the supreme court’s opinion, the appeal is hereby dismissed with instructions. The trial court is instructed to vacate the order removing the matter from the probate court, to vacate the order denying Ruth Mary Higgins Baker’s petition for appointment as the administrator with the will annexed of Ruth G. Higgins’s estate and appointing Linda L. Huebner instead, and to vacate the order issuing letters of administration cum testamento annexo.

APPEAL DISMISSED WITH INSTRUCTIONS.

PITTMAN, THOMAS, MOORE, and DONALDSON, JJ„ concur.

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After Remand from the Alabama Supreme Court

THOMPSON, Presiding Judge.

This court, on February 21, 2014, affirmed the trial court’s judgment, without an opinion. The Supreme Court of Alabama has reversed this court’s judgment and remanded the cause. Ex parte Baker, 183 So.3d 139 (Ala.2015). In compliance with the supreme court’s opinion, the appeal is hereby dismissed with instructions. The trial court is instructed to vacate the order removing the matter from the probate court, to vacate the order denying Ruth Mary Higgins Baker’s petition for appointment as the administrator with the will annexed of Ruth G. Higgins’s estate and appointing Linda L. Huebner instead, and to vacate the order issuing letters of administration cum testamento annexo.

APPEAL DISMISSED WITH INSTRUCTIONS.

PITTMAN, THOMAS, MOORE, and DONALDSON, JJ„ concur.

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Bluebook (online)

183 So. 3d 145, 2015 Ala. Civ. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-estate-of-higgins-alacivapp-2015.

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