O.S. v. E.S.

Court of Civil Appeals of Alabama

O.S. v. E.S.

205 So. 3d 1252, 2016 Ala. Civ. App. LEXIS 74

CourtCourt of Civil Appeals of Alabama

DecidedApril 1, 2016

Docket2110621

StatusPublished

This text of 205 So. 3d 1252 (O.S. v. E.S.) 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

O.S. v. E.S., 205 So. 3d 1252, 2016 Ala. Civ. App. LEXIS 74 (Ala. Ct. App. 2016).

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Opinions

PITTMAN, Judge.

This court, on February 27, 2015, issued an opinion noting that the prior judgment of this court, which had affirmed the judgment of the Walker Circuit Court, had been reversed, and the cause remanded, by our supreme court in Ex parte O.S., 205 So.3d 1233 (Ala.2014); we therefore reversed the judgment of the Walker Circuit Court and remanded the cause for the entry of a judgment dismissing, for lack of subject-matter jurisdiction, an action involving a claim brought by E.S. (“the wife”) against O.S. and J.A.S. (“the grandparents”) seeking to set aside a judgment of the Walker Probate Court allowing the grandparents to adopt the wife’s child, B.T.S (“the child”). Our supreme court has since reversed this court’s February 27, 2015, judgment. Ex parte E.S., 205 So.3d 1245 (Ala.2015). In compliance with the October 30, 2015, decision of our supreme court, we vacate our February 27, 2015, judgment “insofar as it directed the [Walker Circuit Court] to dismiss the wife’s action for lack of subject-matter jurisdiction,” and we now remand the cause [1253]*1253to that court with instructions “to transfer the wife’s action to the probate court pursuant to Ala.Code 1975, § 12-11-11.”

JUDGMENT OF FEBRUARY 27, 2015, VACATED IN PART; REVERSED AND REMANDED WITH INSTRUCTIONS.

THOMAS, MOORE, and DONALDSON, JJ., concur. THOMPSON, P.J., concurs specially.

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PITTMAN, Judge.

This court, on February 27, 2015, issued an opinion noting that the prior judgment of this court, which had affirmed the judgment of the Walker Circuit Court, had been reversed, and the cause remanded, by our supreme court in Ex parte O.S., 205 So.3d 1233 (Ala.2014); we therefore reversed the judgment of the Walker Circuit Court and remanded the cause for the entry of a judgment dismissing, for lack of subject-matter jurisdiction, an action involving a claim brought by E.S. (“the wife”) against O.S. and J.A.S. (“the grandparents”) seeking to set aside a judgment of the Walker Probate Court allowing the grandparents to adopt the wife’s child, B.T.S (“the child”). Our supreme court has since reversed this court’s February 27, 2015, judgment. Ex parte E.S., 205 So.3d 1245 (Ala.2015). In compliance with the October 30, 2015, decision of our supreme court, we vacate our February 27, 2015, judgment “insofar as it directed the [Walker Circuit Court] to dismiss the wife’s action for lack of subject-matter jurisdiction,” and we now remand the cause [1253]*1253to that court with instructions “to transfer the wife’s action to the probate court pursuant to Ala.Code 1975, § 12-11-11.”

JUDGMENT OF FEBRUARY 27, 2015, VACATED IN PART; REVERSED AND REMANDED WITH INSTRUCTIONS.

THOMAS, MOORE, and DONALDSON, JJ., concur. THOMPSON, P.J., concurs specially.

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Bluebook (online)

205 So. 3d 1252, 2016 Ala. Civ. App. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/os-v-es-alacivapp-2016.

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