Alabama Court of Civil Appeals, 1996

P.M. v. State of Alabama Ex Rel. M.T.

Alabama Court of Civil Appeals · Decided November 15, 1996 · Robertson, Yates, Monroe, Crawley, Thigpen

694 So. 2d 1367; 1996 Ala. Civ. App. LEXIS 813; 1996 WL 662431 (Southern Reporter, Second Series)

Opinion of the Court

ROBERTSON, Presiding Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala.R.App. P.; § 26-17A-1, Ala.Code 1975; Rule 28, Ala.R.App.P.; Ex parte W.J., 622 So.2d 358 (Ala. 1993); Moore v. Glover, 501 So.2d 1187 (Ala. 1986); and Bullard v. Creative Leasing, Inc., 624 So.2d 199 (Ala.Civ.App. 1993).

YATES and MONROE, 33., concur. CRAWLEY, J., concurs in the result only. THIGPEN, J., not sitting.

Concurring Opinion

CRAWLEY, Judge,

concurring in the result only.

I believe that § 26-17A-1 is unconstitutional. See KM. v. G.H., 678 So.2d 1084, 1089-97 (Ala.Civ.App.l995)(Crawley, J., dissenting). A majority of this court, however, has decided otherwise, and our Supreme Court quashed the writ when presented with the opportunity to decide the constitutionality of the statute.

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