Adoptions of K.N.D. and D.J.D.
Adoptions of K.N.D. and D.J.D.
Opinion of the Court
The paternal grandparents, seeking to adopt their two grandchildren, petitioned the probate court. Both parents of the children
Issues raised question the sufficiency of the evidence and the timeliness of the mother’s withdrawal of her consent. The disposi-tive issue, however, is whether the probate court abused its discretion in granting the mother relief from the adoption judgment, pursuant to Rule 60, Ala.R.Civ.P. As required by the rule, the mother sought relief within four months of the entry of the judgment, alleging grounds contained in Rule 60(b)(3). This court cannot reverse the trial court’s determination on a Rule 60(b) motion, absent a clear abuse of discretion. Antepenko v. Antepenko, 584 So.2d 836 (Ala.Civ.App. 1991). Our review of the trial court’s ruling is extremely limited. Buchanan v. Collier, 571 So.2d 1068 (Ala. 1990). See also McLeod v. McLeod, 473 So.2d 1097 (Ala.Civ.App. 1985). Although the probate court’s order does not state the exact grounds for granting the mother’s motion, it is apparent from the record that the mother set forth ample grounds for relief.
Consequently, the probate court’s order granting the mother’s Rule 60(b) motion was proper and is affirmed.
AFFIRMED.
Reference
- Full Case Name
- In the Matter of the ADOPTIONS OF K.N.D. and D.J.D.
- Cited By
- 1 case
- Status
- Published