Opinion
1120769.
2013-05-10
Ex parte Jennifer Ann VEST (Herron). (In re Jennifer Ann Vest (Herron) v. David Jeremy Vest).
Petition for Writ of Certiorari to the Court of Civil Appeals (Elmore Circuit Court, DR–01–492.02; Court of Civil Appeals, 2100647; Sibley G. Reynolds, J.) Jacqueline E. Austin and J. Pratt Austin-Trucks of Law Offices of Jacqueline E. Austin, Wetumpka, for petitioner. Submitted on petitioner's brief only.
Petition for Writ of Certiorari to the Court of Civil Appeals (Elmore Circuit Court, DR–01–492.02; Court of Civil Appeals, 2100647; Sibley G. Reynolds, J.)
Jacqueline E. Austin and J. Pratt Austin-Trucks of Law Offices of Jacqueline E. Austin, Wetumpka, for petitioner. Submitted on petitioner's brief only.
BOLIN, Justice.
WRIT DENIED. NO OPINION. MOORE, C.J., and STUART and MAIN, JJ., concur.
MURDOCK, J., concurs specially.
BRYAN, J., recuses himself.
MURDOCK, Justice (concurring specially).
I question the conclusion reached by the Court of Civil Appeals in its opinion on remand from this Court that the mother in a post-divorce proceeding had waived her affirmative defense arising under Ala.Code 1975, § 6–5–440, by failing to assert that defense in a motion to dismiss or to transfer filed in that proceeding. Ex parte Vest, 130 So.3d 574 (Ala.Civ.App.2013). Because this waiver issue is not presented in the petition for certiorari review now before this Court, however, I concur in denying that petition.
Justice Bryan was a member of the Court of Civil Appeals when that court considered this case.