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D.W. v. J.W.B.

230 So. 3d 763 (Ala. Civ. App. 2015)
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D.W. v. J.W.B.

2 Citing cases

  1. D.W. v. J.W.B. (Ex parte J.W.B.)

    230 So. 3d 783 (Ala. 2016)   Cited 12 times
    In Ex parte J.W.B., 230 So.3d 783, 790 (Ala. 2016), our supreme court observed that, "[i]f a party makes a constitutional argument to the trial court before a decision in the case is rendered, the constitutional issue is preserved for appellate review."

    This Court issued a writ of certiorari to consider whether the Court of Civil Appeals erred in reversing in part the Mobile Probate Court's judgment on partial findings denying D.W.'s adoption contest on the basis that no common-law marriage existed and reversing the probate court's judgment granting the petition of J.W.B. and J.J.B. ("the adoptive parents") to adopt B.W.B. ("the child"). See D.W. v. J.W.B., 230 So.3d 763 (Ala.Civ.App.2015). We reverse and remand.

  2. Z.W.E. v. L.B.

    2180796 (Ala. Civ. App. Feb. 7, 2020)

    Id.In D.W. v. J.W.B., 230 So. 3d 763, 769 (Ala. Civ. App. 2015), rev'd, Ex parte J.W.B., 230 So. 3d 783 (Ala. 2016), this court did not address the argument that a man could become a presumed father under Ala. Code 1975, § 26-10A-7(a)(3)d., based on prebirth conduct toward the adoptee child because that issue had not been raised before the probate court. No appellate court of this state has heretofore addressed the issue whether a man may become a presumed father under § 26-17-204(a)(5) based on prebirth conduct toward the child and the mother of the child.