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In K.J. v. S.B., 292 So. 3d 657, 657-58 (Ala. Civ. App. 2019), we reversed the judgment and remanded the cause for the trial court to " ‘make specific written findings of fact in support of its rulings’ " as required in § 30-3-4.2(f).
Summary of this case from K.J. v. S.B.Opinion
2180098
06-28-2019
K.J. v. S.B.
Ginette A. Dow, Bessemer, for appellant. Randall W. Nichols of Massey, Stotser & Nichols, P.C., Birmingham, for appellee.
Ginette A. Dow, Bessemer, for appellant.
Randall W. Nichols of Massey, Stotser & Nichols, P.C., Birmingham, for appellee.
DONALDSON, Judge.
K.J. ("the father") appeals from a judgment of the Jefferson Circuit Court ("the trial court") granting S.B. ("the grandmother") visitation with K.H.J. ("the child"). We reverse the judgment and remand the cause for the trial court to comply with the requirement in § 30-3-4.2, Ala. Code 1975 ("the Grandparent Visitation Act"), that it enter findings of fact in support of its rulings.
In light of our resolution of the appeal, only an abbreviated recitation of the procedural history of this case is necessary. On September 7, 2017, the grandmother filed a petition in the trial court seeking visitation with the child, pursuant to the Grandparent Visitation Act. On September 4, 2018, the trial court conducted a trial on the matter. On September 10, 2018, the trial court entered a judgment granting the grandmother visitation with the child, without stating any findings of fact.
The father filed a timely notice of appeal to this court. We have jurisdiction pursuant to § 12-3-10, Ala. Code 1975.
On appeal, the father argues, and the grandmother concedes, that the judgment granting the grandmother visitation of the child does not comply with the requirement in § 30-3-4.2(f) that "[t]he court shall make specific written findings of fact in support of its rulings." Because the trial court's judgment does not contain any findings of fact, we reverse the judgment and remand the cause for the trial court to enter findings of fact in support of its rulings. See, e.g., Regions Bank v. Allen, 256 So. 3d 669, 671 (Ala. Civ. App. 2018) (reversing judgment and remanding cause for trial court to enter findings of fact and conclusions of law in compliance with § 25–5–88, Ala. Code 1975 ). We pretermit discussion of the other issues the father raises in his appeal.
"Just as Ala. Code 1975, § 30–3–4.1(e) [, the predecessor to § 30-3-4.2(f) ], requires trial courts to make specific written findings of fact in support of their rulings in grandparent-visitation cases, Ala. Code 1975, § 25–5–88, requires trial courts to make specific written findings of fact and conclusions of law in workers' compensation cases." J.W.J. v. P.K.R., 999 So. 2d 943, 949 n.1 (Ala. Civ. App. 2008).
REVERSED AND REMANDED.
Thompson, P.J., and Moore, Edwards, and Hanson, JJ., concur.