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Ex Parte Patterson

Supreme Court of Alabama
May 8, 1981
399 So. 2d 849 (Ala. 1981)

Opinion

80-237.

May 8, 1981.

Certiorari to the Court of Civil Appeals.

Samuel Maples of Corretti Newsom Birmingham, for petitioner.

Curtis O. Liles, III of Markstein Morris, Birmingham, for respondent.


WRIT QUASHED AS IMPROVIDENTLY GRANTED.

FAULKNER, JONES, SHORES, EMBRY, BEATTY and ADAMS, JJ., concur.

TORBERT, C.J., and MADDOX and ALMON, JJ., dissent.

See also, Ala.Civ.App., 399 So.2d 846.


Decisions of trial judges, who see and hear the witnesses and assess the evidence, should be affirmed in child custody cases unless there is a clear abuse of discretion.

The trial judge determined that the best interest of the child would be best served by changing custody. I am of the opinion that a majority of the Court of Civil Appeals has substituted their judgment for that of the trial judge. I would grant the writ.

TORBERT, C.J., and ALMON, J., concur.


Summaries of

Ex Parte Patterson

Supreme Court of Alabama
May 8, 1981
399 So. 2d 849 (Ala. 1981)
Case details for

Ex Parte Patterson

Case Details

Full title:Ex parte Charles Myers PATTERSON, Jr. (In re Saundra PATTERSON v. Charles…

Court:Supreme Court of Alabama

Date published: May 8, 1981

Citations

399 So. 2d 849 (Ala. 1981)