Supreme Court of Alabama

Ex parte K.R. (In re Adoption Petition of K.G.S.)

March 25, 20162016 Ala. LEXIS 39

Summary

The court denied relief as to the challenge to the probate court's custody order because the mandamus petition was filed outside the presumptively reasonable filing period for adoption proceedings and offered no good cause for the delay. It granted relief concerning the temporary probate judge, holding that the probate-court clerk lacked authority to appoint him and that his orders were void for lack of jurisdiction; the court therefore directed the proper appointing authority to select a temporary judge. Justice Murdock, concurring in the result, stated that it was unnecessary to address whether the court could consider documents submitted with the rehearing application.