In re Adoption of Baby Boy

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NO. COA13-912 NORTH CAROLINA COURT OF APPEALS Filed: 15 April 2014 IN RE ADOPTION OF: BABY BOY BORN APRIL 10, 2012 Wake County 12 SP 1911 Appeal by respondents from order entered 15 February 2013 by Judge Debra Sasser in Wake County District Court. Heard in the Court of Appeals 21 January 2014. WAKE FAMILY LAW GROUP, by Katherine Hardersen King, for respondent-appellee. Cheri C. Patrick Richard Zug, Jr. for petitioner-appellants Laura and MANNING, FULTON & SKINNER, P.A., by Michael S. Harrell, for petitioner-appellant Amazing Grace Adoptions. ELMORE, Judge. Laura Catherine Zug and Richard Charles Zug, Jr. (the Zugs) and Amazing Grace Adoptions (the Agency) appeal Judge Sasser s order entered 15 February relinquishment void. 2013 declaring Amy Marie Costin s After careful consideration, we reverse. I. Background -2The facts in this case are largely undisputed. Amy Marie Costin (the birth mother) is the biological mother of a baby boy (Baby Boy) born 10 April 2012 at WakeMed Cary Hospital. The biological father of the minor child signed a relinquishment placing Baby Boy in the care of the Agency and has made no attempt to revoke. The birth mother contacted the agency prior to Baby Boy s birth to discuss the possibility of placing the baby for adoption. worker Hayley Her primary contact at the Agency was social Walston (Ms. Walston). On 13 December 2011, approximately halfway through her pregnancy, the birth mother officially contracted for services with the Agency. The birth mother a indicated adoption and to did Ms. not Walston want the that baby she to be wanted placed closed nearby. Thereafter, the birth mother and Ms. Walston were in frequent communication regarding her desire to relinquish the child for adoption. On 6 February 2012, Ms. Walston informed the birth mother that the agency had identified a family who would agree to her terms. One day after Baby Boy s birth, Ms. Walston went to the hospital to obtain the birth mother s relinquishment of Baby Boy to the Agency. parent may Under N.C. Gen. Stat. § 48-3-701(a), a birth relinquish all parental rights or guardianship -3powers, including agency. the right to consent to adoption, to an To complete the relinquishment process, Ms. Walston asked a notary employed by WakeMed, Ms. Darlene Durbin ( Ms. Durbin or the notary ), to notarize the Relinquishment of Minor for Adoption by Parent or Guardian (the relinquishment). Ms. Durbin had been a notary for approximately three years and agreed to notarize the relinquishment, although she had never notarized an adoption form before and was unfamiliar with the legalities of the adoption process. Ms. Durbin accompanied Ms. Walston to the birth mother s hospital room testified that to she witness stayed the for relinquishment. at least 30 Walston completed the relinquishment procedure. Ms. Durban minutes as Ms. As part of this procedure, Ms. Walston read aloud the relinquishment form and reviewed a twenty-six-question questionnaire with the birth mother that addressed all aspects of the relinquishment. The relinquishment begins, I, Amy Marie Costin, being duly sworn, declare . . . It also states, I understand that my Relinquishment to Adoption of the minor may be revoked within 7 days following the day on which it is executed, and I understand that to revoke my Relinquishment for Adoption, as provided in G.S. 48-3-706, the revocation must be made by giving -4written notice to the agency to which the Relinquishment was given. The questionnaire begins with an acknowledgement: All forms were read aloud by the staff member and were signed in the presence of Darlene Durbin, notary, and the following questions were asked in their presence. The birth mother s responses to the questions were recorded and included the following: Q. Do you feel that your mind is perfectly clear? A. Yes. Q. Has anyone told you that you must sign these papers? A. No. Q. Has anyone coerced you in any way or applied pressure or unduly influenced you to make an adoption plan for your child(ren)? A. No. Q. Did I persuade or coerce you in any way to sign a relinquishment, or has any of the Amazing Grace Adoptions staff members done so? A. No. Q. Do you understand you may revoke decision within 7 days of signing document? your this A. Yes. Q. Do you understand that if within 7 days -5you decide to revoke your release you must make your revocation in writing and deliver it to the director of the agency? A. Yes. Q. Do you understand that when you sign these documents you are giving up all legal rights to this child(ren)? A. Yes. Q. Have you read and do you fully understand all the documents you are signing? A. Yes. Q. Do you need more time to think about your decision? A. No. It was not until after all of the forms were read to the birth mother that she signed the relinquishment and the questionnaire. Ms. Durbin then completed the notary certificate. The birth mother received a copy of the relinquishment. Ms. Walston the testified that she had previously reviewed relinquishment form with the birth mother several months prior. On 18 April 2012, the seventh day after signing her relinquishment, the birth mother testified that she texted Ms. Walston sometime between 10:00 p.m. and 11:00 p.m. and asked, is today the last day? Ms. Walston confirmed that it was in -6fact the last day that she could revoke her relinquishment. The birth mother did not attempt to revoke at that time. The following morning (day eight), the birth mother texted Ms. Walston to indicate that she had changed her mind. Later that day, the birth mother met with Ms. Walston and the director of the Agency to discuss the situation. There is no record evidence that the birth mother ever provided the Agency with written notice Ultimately, of the her Agency intent to informed revoke the her birth relinquishment. mother that her relinquishment would not be revoked because she did not give notice of seven-day her revocation period. As within such, the the statutorily Agency proceeded prescribed with the adoption and placed Baby Boy with the Zugs on 23 April 2012. The Zugs filed their petition to adopt Baby Boy that same day. Baby Boy has since remained in the Zugs custody. On 11 June 2012, the birth mother filed a motion to dismiss the adoption petition and motion to declare her relinquishment void, alleging that the purported relinquishment was void for lack of compliance with a mandatory statutory requirement[.] The trial court took the case under advisement and, in an order filed 15 February 2013, made the following pertinent findings of fact: -76. Ms. Darlene Durbin, an employee of WakeMed Cary Hospital, was asked to notarize the documents. Ms. Durbin was not familiar with adoption forms and did not review the forms before undertaking to notarize them. Ms. Durbin was present for over a half hour while Ms. Walston went through a twenty-six question questionnaire dealing with various aspects of the relinquishment before having the [the birth mother] sign the purported relinquishment[]. 7. The uncontroverted evidence and Ms. Durbin's own testimony indicates that Ms. Durbin did not put either biological parent under oath before or after signing the relinquishment forms, nor did she ask them to swear, affirm or any words to that effect. No Bible or other Holy Scriptures were used by Ms. Durbin during the notary process, and no oaths or affirmations were administered prior to the purported relinquishments being signed or at any time since. 11. Pursuant to N.C.G.S. 48-3-702(a) A relinquishment executed by a parent or guardian must conform substantially to the requirements in this Part and must be signed and acknowledged under oath before an individual authorized to administer oaths or take acknowledgments. [emphasis in original] 12. The language regarding under oath in N.C.G.S. 48-3-702 is not mere surplus, as language regarding under oath is included in some sections of Chapter 48 for types of consents/relinquishments and not in others. It is precise and purposeful language. Being a parent is a fundamental right that must be protected, and while the adoption statutes should be construed liberally in many instances, the biological parents -8rights are protected by the U.S. Constitution. The child s rights to be with the biological parent(s) also must be protected. The under oath language in N.C.G.S. 48-3-702 is meant to prevent biological parents from claiming that they didn't understand what they were signing or didn't know what they were doing to prevent future litigation. The trial court then made the following conclusions of law: 2. Under N.C.G.S. 48-3-702, the sex of the baby was a mandatory provision in the relinquishment but was not completed in the purported relinquishment. Additionally, under 48-3-702, the signature of Movant had to be obtained while she was under oath. 4. The purported relinquishment signed by Movant on April 11, 2012 is not a valid relinquishment in that it does not conform to the mandatory statutory requirements of a relinquishment as set out in N.C.G.S. 48-3702 and is void to operate as a relinquishment. 5. There is no valid relinquishment by the Movant in this matter. 6. Because there was never a valid relinquishment signed by Movant, no revocation of her relinquishment was required, and the revocation statutes don t apply. 8. There was no constructive fraud or actual fraud by the [A]gency in the procurement of the relinquishment. 9. This matter should not be remanded back to the Clerk of Superior Court at this time and should remain with District Court for a -9later hearing on Movant s request to dismiss the adoption petition. The trial court thereafter granted the petition to declare her relinquishment void. birth mother s The Zugs and the Agency (collectively petitioners) now appeal. II. In the instant Interlocutory Appeal case, the trial court entered an interlocutory order voiding the birth mother s relinquishment, which effectively nullified the birth mother s purported consent to the adoption. As our Courts have previously addressed the merits of interlocutory appeals concerning a putative father s consent to adoption, we see no reason not to afford the birth mother the same protection. See In re Adoption of Anderson, 165 N.C. 638, App. 413, 598 S.E.2d 639 (2004), rev'd on other grounds, 360 N.C. 271, 624 S.E.2d 626 (2006); In re Byrd, 137 N.C. App. 623, 529 S.E.2d 465 (2000), aff'd sub nom., 354 N.C. 188, 552 S.E.2d 142 (2001). III. Analysis The primary issue presented on appeal is whether the birth mother s consent to relinquish her parental rights to the Agency was valid. Petitioners argue that the trial court erred in voiding the relinquishment on the basis that the birth mother -10did not execute it while under oath as mandated by N.C. Gen. Stat. § 48-3-702. We agree. We note that petitioners did not assign error to any of the trial court s findings of fact. court s findings of fact are As such, all of the trial deemed conclusive on appeal. Fakhoury v. Fakhoury, 171 N.C. App. 104, 108, 613 S.E.2d 729, 732 (2005). novo. We review the trial court s conclusions of law de Boseman v. Jarrell, 364 N.C. 537, 549, 704 S.E.2d 494, 502 (2010). The laws governing adoptions in North Carolina are creatures of statutory construction as set forth in Chapter 48 of our general statutes. Our legislature requires that Chapter 48 be liberally construed and applied to promote its underlying purposes and policies. [T]he needs, primary. interests, N.C. Gen. Stat. § 48-1-100(d) (2013). and rights of minor adoptees are Any conflict between the interests of a minor adoptee and those of an adult shall be resolved in favor of the minor. N.C. Gen. Stat. § 48-1-100(c) (2013). Here, the trial court relied on N.C. Gen. Stat. § 48-3-702(a) in voiding the birth mother s relinquishment. The statute provides that [a] relinquishment executed by a parent or guardian must conform substantially to the requirements in this Part and must be -11signed and acknowledged under oath before an individual authorized to administer oaths or take acknowledgments. N.C. Gen. Stat. 48-3-702(a) (2013). This is not a case where the birth mother argues that her consent to relinquish voluntarily. Baby Boy was not given knowingly and In fact, the birth mother admits that she signed her relinquishment before a notary public, that she knew what she was signing, and the consequences, that she signed knowing the time limits for revocation, and that she contacted Ms. Walston to confirm that it was her last day to revoke prior to the expiration of the seven-day period. Further, the birth mother admits that Ms. Walston asked her a series of questions, which she answered truthfully before the notary. In the absence of evidence of fraud on the part of the notary, or evidence of a knowing and deliberate violation, presumption of regularity to notarial acts. 10B-99 (2013). acts to be compliance N.C. Gen. Stat. § This presumption of regularity allows notarial upheld, provided compliance with the law. presumption we recognize a of administration of oaths. has been substantial N.C. Gen. Stat. § 10B-99. regularity component there to acts to impute notarial acts, a Thus, the substantial including the -12We turn now to the pertinent issue before us whether the birth mother was under oath when she signed her relinquishment. See N.C. Gen. Stat. § 48-3-702(a). Our Supreme Court has maintained that statutes should be read and understood according to the natural and most obvious import of the language without resorting to subtle and forced construction for the purpose of either limiting or extending their operation. State Carpenter, 173 N.C. 767, 92 S.E. 373, 374 (1917). v. If the language of a statute is clear and unambiguous, there is no room for judicial construction and the courts must give the statute its plain and definite meaning[.] . . . in the context statute. of adoption, which is This is especially true purely a creation of Boseman at 545, 704 S.E.2d at 500 (citations and quotation marks omitted). We read N.C. Gen. Stat. 48-3-702(a) to require both (1) substantial performance of the requirements set out in Chapter 48, and (2) acknowledged administer language, that under oaths we substantial or hold the relinquishment oath before take that compliance an must individual acknowledgments. the legislature component of N.C. be signed and authorized From its intended Gen. for Stat. to plain the 48-3- 702(a) to apply only to the requirements set out in Chapter 48. -13There is no substantial compliance component concerning the oath requirement on the face of N.C. Gen. Stat. 48-3-702(a). An oath principal) is when administered the principal statement about certain facts. to is a document required to signer make a (the sworn An oath is defined as: A notarial act which is legally equivalent to an affirmation and in which a notary certifies that at a single time and place all of the following occurred: a. An individual appeared in person before the notary. b. The individual was personally known to the notary or identified by the notary through satisfactory evidence. c. The individual made a vow of truthfulness on penalty of perjury while invoking a deity or using any form of the word swear. N.C. Gen. Stat. § 10B-3(14) (2013). An acknowledgment is a notarial act that occurs when a notary certifies that at a single time and place: a. An individual appeared in person before the notary and presented a record. b. The individual was personally known to the notary or identified by the notary through satisfactory evidence. c. The individual did either of the following: i. Indicated to the notary that the signature on the record was the individual s signature. -14ii. Signed the record while in the physical presence of the notary and while being personally observed signing the record by the notary. N.C. Gen. Stat. § 10B-3(1) (2013). for an acknowledgment. conjunction with a When principal s There is no oath requirement an oath is administered signing, the in notarization functions as a verification or proof, not an acknowledgment. N.C. Gen. Stat. § 10B-3(28). A. Notary to Administer an Oath In the instant case, there is no real issue about the Agency s compliance with subparagraphs (a) and (b) of N.C. Gen. Stat. § 10B-3(14). However, the trial court found that subparagraph (c) was not satisfied, in part, because Ms. Durbin did not signing put the reasoning, [the birth mother] relinquishment the notary or under oath before forms[.] By the certifying officer or trial is after court s the only individual with authority to administer an oath to a document signor. Again, we disagree. Initially, we would like to discuss the role of a notary when administering oaths and affirmations, particularly given that the case law on this topic is fairly sparse. It is the primary function of a notary to serve as an impartial witness -15when authenticating legal documents and administering oaths or affirmations. A notarization that requires the signor to be placed under oath begins with the administration of an oath or affirmation. A traditional jurat notarization recites that a document has been subscribed and sworn to before a notary. BLACK S LAW DICTIONARY 866 (8th ed. 2004). By its administration, an oath or affirmation gives weight to the truthfulness of the document s substance. The failure to administer an oath or affirmation as required may result in a defective notarization. Should this occur, the document bearing the defective notarization may be invalidated and the underlying transaction voided. The consequence of the failure of notaries to [] administer such oaths or affirmations constitutes a disservice to document notarized signers, to the signatures, and to third the parties office of who rely notary upon public. Michael L. Closen, To Swear . . . or Not to Swear Document Signers: The Default of Notaries Public and A Proposal to Abolish Oral Notarial Oaths, 50 Buff. L. Rev. 613, 617 (2002). Accordingly, we cannot stress enough the seriousness of properly administering oaths and affirmations, and we urge notaries to be diligent in performing this duty. -16Neither statutory nor common law clearly sets forth the formalities of oath administration. For example, North Carolina s oath statute, N.C. Gen. Stat. § 10B-3(14), does not specifically require that the notary orally administer the oath. By its plain language, the notary need only certify that the notary witnessed the signor make a vow of truthfulness by using any form of the word swear. In fact, none of our notarial statutes specify by their plain language that the notary is required to administer an oral oath to the principal prior to notarization. Nevertheless, the trial court in the instant case voided the birth mother s relinquishment on this basis. The case law pertaining alternative outcome. to this issue supports an First, we look to State v. Knight, an early North Carolina Supreme Court case, for the proposition that a notary (or other authorized individual) may delegate the administration of an oath to a third party who is not vested with authority to administer oaths. 84 N.C. 789 (1881). Knight, J.H. the Martin County coroner, Ellison, authority to administer an oath to certain witnesses. he allowed justice of the peace, J.L. Ewell, to had sole However, place witnesses under oath in his presence and before the court. at 791-92. In the Id. The defendant moved to arrest judgment on grounds -17that the witnesses were not properly administered the oath. Supreme Court disagreed on the basis that it Our sufficiently appear[ed] that the administration of the oath was the act of the coroner. Id. at 793. Our Supreme Court concluded that the administration of an oath is a ministerial act and it may be administered by any one [sic] in the presence and by the direction of the court[.] . . . It was just as competent for the coroner to have called upon any unofficial bystander to administer the oath for him, as upon a justice of the peace. It was therefore immaterial whether in this case the justice had the authority to administer the oath or not. Id. Relying in part on Knight, the Alabama Supreme Court addressed a similar issue in Walker v. State, 107 Ala. 5, 18 So. 393 (1895). In Walker, the defendant was prosecuted for perjury after making a false affidavit attesting to a certain conveyance of land. In executing the affidavit, Elbert Holt, a deputy clerk without authority to administer an oath, actual, physical defendant[.] fact, administered Id. at 9, 18 So. at 394. the in point of oath to the The Alabama Supreme Court held that Elbert Holt s administration satisfied the oath requirement because E.R. Holt, the clerk with authority, was present at the time, knew what was going on, and directed or -18assented to the administering of the oath, which was done in his name as such clerk, and the evidence of which the jurat was made out and stands in his name[.] Id. at 9-10, 18 So at 394. The Alabama Supreme Court opined: [T]his actual administration by Elbert Holt was, under the circumstances, in legal contemplation the official act of E.R. Holt, the de jure clerk of the court, is fully settled by the authorities (State v. Knight, 84 N.C. 789, 793; Stephens v. State, 1 Swan, 157; Oaks v. Rodgers, 48 Cal. 197); and this upon the general principle that a ministerial act done by one under the authority, and by the direction, or with the knowledge and assent, and especially in the presence, of an officer duly authorized to perform that act, is the act of the officer himself. Id. at 10, 18 So. at 394. More recently, in Gargan v. State, 805 P.2d 998 (Alaska App. 1991), the Alaska Court of Appeals considered an argument similar to the one advanced by the birth mother in the instant case. Gargan concerned the defendant s perjury conviction involving an affidavit that purported on its face to be sworn before a notary. Evidence at trial established that the notary had not actually administered an oath prior to notarizing the affidavit. Id. at 1004. Nevertheless, the trial judge allowed the jurors to consider the statement during their deliberations. -19The Alaska Court opined that the crucial issue was not whether an oath was actually administered, but whether the signed statement constituted a verification on its face of the truthfulness of the facts contained therein. 1 Alaska Court substantial concluded Id. at 1005. the of requirements that verification a The satisfied the document given that the defendant: (1) was properly identified, (2) knowingly signed the document in the notary s presence, (3) the document contained the language duly sworn, and (4) the notary actually notarized the document. Id. As such, the Alaska Court held that the oath requirement was satisfied upon notarization. Id. We find Gargan noteworthy for the proposition that an oath is considered administered when an individual signs a document in a notary s presence that contains the language duly sworn or its equivalent. duly sworn The Alaska Court essentially held that the language in a document is equivalent to the delivery of a verbal oath, provided certain other factors are satisfied. In the instant case, respondents advance the same proposition they 1 contend that because the birth mother (1) A verification is defined as (1) a formal declaration made under oath by the principal swearing to the truthfulness of the statements in a document, or (2) an oath or affirmation that an authorized officer administers to an affiant or deponent, or (3) any act of notarizing. BLACK S LAW DICTIONARY 1593 (8th ed. 2004). -20knowingly signed the document in the notary s presence, (2) the document contained the language duly sworn, and (3) the notary verified the swearing, the oath was administered by the certifying official at the time [the birth mother] signed the relinquishment. At present we express no opinion on the merits of respondent s argument or the Gargan decision, namely because the facts of the case before us show that an oath was administered to the birth mother by Ms. Walston. On appeal, counsel for the birth mother argues that the notary herself was required to deliver the oath for it to be effective. Counsel reasons: It is part of the notary s training to know how to administer an oath and if we somehow take away the requirement that the notary have to administer an oath, we have negated the entire notarial act. We have taken away something that the notary is required to do. applies this logic to the notarization of Counsel affidavits arguing that any party who executes an affidavit should be permitted at a later time to withdraw it on the basis that it was not given under oath. Alternately, petitioners argue that an oath was effectively administered when Ms. Walston read the relinquishment to the birth mother stating, I, Amy Marie Costin being duly sworn, declare . . . [.] -21We agree with petitioners. In the instant case, the birth mother advances a purely technical argument and has failed to present sufficient evidence to overcome the presumption of regularity created in favor of the validity of notarial acts. See Moore v. Moore, 108 N.C. App. 656, 658, 424 S.E.2d 673, 674, aff'd, 334 N.C. 684, 435 S.E.2d 71 (1993) (holding that the plaintiff-husband failed to overcome the presumption in favor of the legality of an acknowledgment when it was undisputed that he signed the separation agreement, but advanced the technical argument that the agreement was void because the notary did not witness his signature conference room ). since she walked in and out of the Here, it is undisputed that the birth mother signed the relinquishment in the notary s presence. The notary testified that she witnessed the birth mother s signature and verified the document. seal that the In doing so, the notary attested by her document subscribed before her. was sworn to (or affirmed) and Nothing in the record impeaches her certification, including the notary s testimony that she did not place the birth mother under oath. The administration of an oath is a ministerial duty and it may be delivered by persons who lack official authority, provided that a certifying officer is present and directs or -22assents to the administration. Here, in substance and legal effect, the requirement that the birth mother be placed under oath was satisfied when Ms. Walston read the relinquishment to her. The notary was physically present when the oath was administered, aware of the circumstances, and thereby implicitly assented to its administration, which was done in her name. By these facts, it sufficiently appears that the administration of the oath was the act of the notary. See Knight, supra. Further, the plain language of N.C. Gen. Stat. § 10B- 3(14)(c) requires the principal to make a vow of truthfulness while invoking a deity or using any form of the word swear. Again, any form of the word swear may be utilized the statute does not mandate that the signor orally repeat the word swear. Here, the birth mother stated in writing that she had been duly sworn when she signed the document. The notary s verification recites that the birth mother had sworn to the document before the notary. Additionally, Ms. Walston read the word swear aloud in administering the oath. Gen. Stat. conclude § that 10B-3(14)(c) the trial was court satisfied. erred in We hold that N.C. Accordingly, entering declaring the birth mother s relinquishment void. an we order There was a -23valid relinquishment in this matter, which the birth mother failed to timely revoke. B. Statutory Grounds to Void Relinquishment As we have held that the relinquishment was not void ab initio, the birth relinquishment on mother limited to express the was grounds established legislature to void relinquishments. 707. challenging her by the N.C. Gen. Stat. § 48-3- Absent the consent of the parties, the only applicable grounds for voiding the birth mother requires the evidence that duress. her relinquishment to prove relinquishment in by was the clear obtained instant and by case convincing fraud or N.C. Gen. Stat. § 48-3-707(a)(1). In its order, constructive fraud the trial court concluded: or actual fraud procurement of the relinquishment. review of the record, we agree. by the There was no [A]gency in the Upon conducting a de novo The Agency made every effort to ensure that the birth mother was apprised of the complexity of the situation and the legalities of the adoption process. Ms. Walston testified that she reviewed the relinquishment with the birth mother prior to Baby Boy s birth, she read the relinquishment aloud, and the birth mother was given a copy of the form. Again, this is not a case where the birth mother -24argues that her consent to relinquish Baby Boy was not given knowingly and voluntarily. C. Designation of Baby Boy s Sex on Relinquishment Form Finally, we recognize that for a relinquishment to be complete, it must disclose the date of birth or the expected delivery date, the sex, and the name of the minor, if known[.] N.C. Gen. Stat. 48-3-703. Boy s gender. Here, the relinquishment omitted Baby In Finding #4, the trial court found: There was no evidence that [the birth mother] requested this omission or why this information was omitted. We disagree. Ms. Walston testified that the birth mother requested a closed adoption and did not plan to see the child or even want to know the sex of the child[.] The birth mother testified: open adoption. . . . I never wanted an We never discussed an open adoption. Accordingly, there is evidence that the Agency omitted the sex of Baby Boy based on what it perceived to be the birth mother s request. Regardless, N.C. Gen. Stat. § 48-3-702(a) provides that a relinquishment only needs to be executed in substantial compliance with the law, and this was accomplished. IV. Conclusion In sum, the trial court erred in entering an order voiding the birth mother s relinquishment. The relinquishment is valid -25and conforms to the mandatory statutory requirements as set out in N.C. Gen. Stat. § 48-3-702. Accordingly, we reverse the trial court s order. Reversed. Judges McGEE and HUNTER, Robert C., concur.

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