127 results for 'court:"Alabama Court of Civil Appeals"'.
J. Hanson dismisses this appeal from a circuit court order denying the appellant's motion to vacate a default judgment against him. The breach of contract suit concerned his installation of a fence for the plaintiff property owner, and the record shows that he failed to appear for trial. He argues that "there was an error in judicial administration" that resulted in two separate case numbers. However, the circuit court lacked subject matter jurisdiction, making the judgment at issue void.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: June 23, 2023, Case #: CL-2022-1019, Categories: Civil Procedure, Jurisdiction, Contract
[Consolidated.] J. Edwards partially grants the adoptive parents' petition for a writ of mandamus, in which they challenge an order setting aside an interlocutory order of adoption. Additionally, the mother should not have been allowed "to withdraw her consent without holding a contested hearing and receiving evidence." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: June 23, 2023, Case #: CL-2023-0027, Categories: Civil Procedure, Family Law
[Consolidated.] J. Fridy finds that the lower court improperly terminated the parental rights of the mother and the father to three children. The evidence does not establish the finding "that there was no viable alternative" to termination of their rights. The department was required to show that it investigated the children's relatives to determine their suitability "to care for the children while the parents continued their efforts to rehabilitate themselves." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-1182, Categories: Civil Procedure, Family Law
J. Fridy finds that the lower court properly determined that the child remained dependent and vested custody in the paternal grandmother. The department's petition properly invoked the jurisdiction of the juvenile court, and there was no error in transferring custody to the grandmother. The mother's appeal is dismissed as to the shelter-care order. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-1192, Categories: Family Law, Jurisdiction
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J. Fridy finds that the lower court improperly deviated from the child-support guidelines without making the required written findings in this modification proceeding. Accordingly, that part of the case must be remanded for a new judgment that either awards child support in accordance with the guidelines or provides a written justification for the deviation. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-0916, Categories: Civil Procedure, Family Law
[Consolidated.] Per curiam, the court of civil appeals finds on application for rehearing that the lower court improperly terminated the mother's parental rights to her two children. The court substitutes the current opinion, holding that "maintenance of the status quo is a viable alternative to termination." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: June 2, 2023, Case #: CL-2022-0694, Categories: Civil Procedure, Family Law