Owen v. Owen

Supreme Court of Alabama

Owen v. Owen

724 So. 2d 10, 1998 Ala. LEXIS 284, 1998 WL 787343

CourtSupreme Court of Alabama

DecidedNovember 13, 1998

Docket1971110

StatusPublished

This text of 724 So. 2d 10 (Owen v. Owen) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Owen v. Owen, 724 So. 2d 10, 1998 Ala. LEXIS 284, 1998 WL 787343 (Ala. 1998).

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Opinion

HOUSTON, Justice.

We issued the writ of certiorari on July 8, 1998, to review the decision of the Court of Civil Appeals in Owen v. Owen, 724 So .2d 6 (Ala.Civ.App.1998). Although we now quash the writ as having been improvidently granted, we note that the child had no guardian ad litem at the hearing on the mother’s petition to set aside the adoption and that the biological father was given no notice of that petition and no opportunity to be heard in regard to it. We further note that our quashing the writ of certiorari does not foreclose any future action by the mother seeking child support from the biological father.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

HOOPER, C.J., and ALMON, SHORES, KENNEDY, COOK, SEE, and LYONS, JJ., concur. MADDOX, J., dissents.

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HOUSTON, Justice.

We issued the writ of certiorari on July 8, 1998, to review the decision of the Court of Civil Appeals in Owen v. Owen, 724 So .2d 6 (Ala.Civ.App.1998). Although we now quash the writ as having been improvidently granted, we note that the child had no guardian ad litem at the hearing on the mother’s petition to set aside the adoption and that the biological father was given no notice of that petition and no opportunity to be heard in regard to it. We further note that our quashing the writ of certiorari does not foreclose any future action by the mother seeking child support from the biological father.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

HOOPER, C.J., and ALMON, SHORES, KENNEDY, COOK, SEE, and LYONS, JJ., concur. MADDOX, J., dissents.

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Bluebook (online)

724 So. 2d 10, 1998 Ala. LEXIS 284, 1998 WL 787343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owen-v-owen-ala-1998.