M.D.C. v. K.D.
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REL: 12/11/09 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, 2009-2010 _________________________ 2070465 _________________________ M.D.C. v. K.D. Appeal from DeKalb Circuit Court (DR-03-20.01) After Remand from the Alabama Supreme Court BRYAN, Judge. The prior judgment of this court - affirming the judgment of the DeKalb Circuit Court - has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte 2070465 M.D.C, [Ms. 1071625, September 30, 2009] ___ So. 3d ___ (Ala. 2009). On remand to this court and in compliance with the supreme court's opinion, we reverse the circuit court's judgment holding that M.D.C.'s obligation to pay child support was extinguished when his parental rights were terminated, and we remand the cause for further proceedings consistent with the supreme court's opinion. REVERSED AND REMANDED. Thompson, P.J., and Pittman, Thomas, and Moore, JJ., concur. Bryan, J., concurs specially. 2 2070465 BRYAN, Judge, concurring specially. I write specially to note that I believe that the particular circumstances of this case demand attention by our legislature. As Justice Murdock noted in his dissent to the Supreme Court's opinion in this case: "[I]f such a change of course is to be had, the legislature is the deliberative body that should balance the various interests at issue and make the determination of how best to proceed, rather than [the Supreme] Court." Ex parte M.D.C., [Ms. 1071625, September 30, 2009] ___ So. 3d ___, ___ dissenting). 3 (Ala. 2009) (Murdock, J.,
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