Ex parte B.V. and D.V. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: B.V. and D.V. v. Wanda Davidson, Karen Marks, and Clay Brannon) (Montgomery Circuit Court: CV-08-900454; Civil Appeals : 2081125 Writ Quashed. No Opinion.
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Rel: 08/19/2011 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) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA SPECIAL TERM, 2011 ____________________ 1091632 ____________________ Ex parte B.V. and D.V. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: B.V. and D.V. v. Wanda Davidson, Karen Marks, and Clay Brannon) (Montgomery Circuit Court, CV-08-900454; Court of Civil Appeals, 2081125) MAIN, Justice. WRIT QUASHED. NO OPINION. Malone, C.J., and Woodall, Stuart, Bolin, Parker, and Shaw, JJ., concur. Murdock and Wise, JJ., concur specially. 1091632 MURDOCK, Justice (concurring specially). I was shocked and saddened by the apparently callous and cruel manner (whether or not done on advice of counsel) in which the 18-year-old mentally retarded child in this case was so suddenly taken from the only parents he had ever known, parents who had raised him for almost his entire life. I therefore voted to grant certiorari review in this case. In their brief to this Court, however, the petitioners failed to address legal authority relevant to the issues whether this Court should apply the tort of outrage to conduct of this nature and whether this conduct fell within the protection afforded by the doctrine of state-agent immunity. Accordingly, I concur in the action of the Court today in quashing the writ. Wise, J., concurs. 2
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