Emily Brackin Terry v. Adam G. Terry
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REL: 02/07/2014
Notice: This opinion is subject to formal revision before publication in the advance
sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334)
229-0649), of any typographical or other errors, in order that corrections may be made
before the opinion is printed in Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2013-2014
_________________________
2110858
_________________________
Emily Brackin Terry
v.
Adam G. Terry
Appeal from Lawrence Circuit Court
(DR-11-90.01)
After Remand from the Alabama Supreme Court
THOMPSON, Presiding Judge.
The prior judgment of this court has been reversed in
part and the cause remanded by the Supreme Court of Alabama.
Ex parte Terry, [Ms. 1120738, December 13, 2013] ___ So. 3d
2110858;
___ (Ala. 2013). On remand, based on our prior holding, which
was affirmed by the supreme court, the trial court's judgment
is reversed insofar as the trial court determined that Emily
Brackin Terry, the mother, had not met her burden of rebutting
the presumption in ยง 30-3-169.4, Ala. Code 1975, that her
proposed move with the parties' child to South Carolina was in
the child's best interest.
However, in compliance with the
Supreme Court's opinion, we remand the cause to the trial
court with instructions to provide Adam G. Terry, the father,
an opportunity to present evidence supporting his position
that the proposed change in the child's principal residence is
not in the child's best interest.
The trial court is then
instructed to enter a judgment based on the totality of
evidence presented at both the hearing held on remand and the
earlier hearing.
REVERSED AND REMANDED WITH INSTRUCTIONS.
Pittman, Thomas, Moore, and Donaldson, JJ., concur.
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