O.S. and J.A.S. v. E.S.
Annotate this Case
Download PDF
REL: 04/01/2016 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, 2015-2016 _________________________ 2110621 _________________________ O.S. and J.A.S. v. E.S. Appeal from Walker Circuit Court (DR-10-900006) After Remand from the Alabama Supreme Court 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., [Ms. 1121134, June 20, 2014] ___ So. 3d ___ (Ala. 2110621 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., [Ms. 1140889, Oct. 30, 2015] ___ So. 3d ___ (Ala. 2015). In compliance with the October 30, supreme 2015, decision of our 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 to 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. 2 2110621 THOMPSON, Presiding Judge, concurring specially. I agree that this court must comply with our supreme court's mandate to order the circuit court to transfer this matter to the probate court. However, I agree with Justice Shaw's writing in Ex parte E.S., [Ms. 1140889, Oct. 30, 2015] So. 3d (Ala. 2015). I am not convinced that a vertical transfer, rather than a transfer between divisions of the circuit court, was intended as the purpose of § 12-11-11, Ala. Code 1975, or that that statute should be interpreted as providing for such a transfer. I hope that our supreme court will reconsider its position if the opportunity to do so arises in future. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
