Opinion
77-622.
September 1, 1978.
Appeal from the District Court, DeKalb County, Richard C. Hunt, J.
W.M. Beck, Sr., of Beck Beck, Fort Payne, for petitioners.
W.N. Watson of Watson Watson, Fort Payne, for respondent, John K. Jinks.
William J. Baxley, Atty. Gen., Mary Lee Stapp, Jamie L. Pettigrew, Asst. Attys. Gen., for DeKalb County Dept. of Pensions and Security.
We originally granted certiorari to consider the jurisdiction of the probate court in light of constitutional amendment 364 which gave that court ". . . general jurisdiction . . . of adoptions. . . ." After a thorough review we conclude that the Court of Civil Appeals correctly held that this grant of jurisdiction is not exclusive and does not alter § 12-12-35, Code of Ala. 1975, providing for transfer of adoption proceedings to the district court on motion of a party. Worley v. Jinks, 361 So.2d 1082 (Ala.Civ.App. 1978). Consequently, the writ is quashed as improvidently granted.
WRIT QUASHED.
TORBERT, C.J., and BLOODWORTH, ALMON and EMBRY, JJ., concur.