Supreme Court of Alabama
Ex parte E.S. (In re O.S. and J.A.S. v. E.S.)
October 30, 20152015 Ala. LEXIS 138
Summary
The Supreme Court of Alabama reversed the Court of Civil Appeals’ dismissal of the wife’s adoption‑challenge action for lack of subject‑matter jurisdiction and remanded with instructions that the trial court transfer the action to the probate court under Ala.Code 1975 § 12‑11‑11. The Court held that the appellate court erred by not applying the statutory transfer provision. Justice Shaw dissented, arguing that the issue was waived and that the appellate court’s decision should be affirmed.