Alabama Court of Civil Appeals, 2012

Cagle v. Cagle

Cagle v. Cagle
Alabama Court of Civil Appeals · Decided July 27, 2012 · Bryan, Moore, Pittman, Thomas, Thompson, Writing
101 So. 3d 776; 2012 Ala. Civ. App. LEXIS 193; 2012 WL 3055572 (Southern Reporter, Third Series)

Cagle v. Cagle

Opinion of the Court

BRYAN, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.; Gonzalez v. Blue Cross/Blue Shield of Alabama, 760 So.2d 878, 883 (Ala.Civ.App. 2000).

THOMPSON, P.J., and PITTMAN and THOMAS, JJ., concur. MOORE, J., dissents, with writing.

Dissenting Opinion

MOORE, Judge,

dissenting.

I respectfully dissent from the main opinion’s affirmance of the trial court’s judgment.

Kristina Lynn Cagle (“the mother”) appeals from a judgment divorcing her from Robert Cameron Cagle to the extent that it awarded custody of the parties’ children to the intervenor, Carol Denise Cagle, the children’s paternal grandmother. I conclude that the mother’s argument in her brief is sufficient to place the issue of the sufficiency of the evidence before this court, and I agree with the mother that there was not clear and convincing evidence that the mother was unfit or unsuited for custody so as to support an award of custody to a nonparent. Serio v. Serio, 3 So.3d 937, 938-39 (Ala.Civ.App. 2008). Therefore, I would reverse the trial court’s judgment and remand the cause for further proceedings.

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