Baldwin v. Baker
Baldwin v. Baker
Opinion of the Court
In 2008 Stephanie Baker filed a petition for protection from abuse (“PFA”) against Randall Eric Baldwin in the Madison Circuit Court pursuant to the former Alabama Protection from Abuse Act (“the former Act”). See Ala.Code 1975, former § 30-5-1 et seq.
According to Baldwin, he lost his job in 2010, and, on September 28, 2010, he filed a petition for a modification of his child-support obligation under the 2008 modified judgment. The circuit court reviewed his petition and required Baldwin to submit a memorandum because it “ha[d] questions regarding [its] jurisdiction ... to enter any orders.” Baldwin complied, and, on July 20, 2011, the circuit court dismissed the action for lack of subject-matter jurisdiction pursuant to subsections (d)(5) and (e)(1) of § 30-5-7 of the former Act. Specifically, the circuit court determined that it lacked jurisdiction to consider Baldwin’s petition because, it held, under the provisions of the former Act, the 2008 judgment and the 2008 modified judgment (hereinafter referred to collectively as “the 2008 judgments”) expired on May 12, 2009, a year after the 2008 judgment was entered. Baldwin timely appeals to this court, seeking a review of the circuit court’s judgment that it lacked subject-matter jurisdiction over his petition to modify. “Matters of subject-matter jurisdiction are subject to de novo review.” DuBose v. Weaver, 68 So.3d 814, 821 (Ala. 2011).
On appeal, Baldwin contends that the circuit court retained jurisdiction to modify the 2008 judgments because, he says, the circuit court intended that the 2008 judgments would be permanent and, he says, interpreting the 2008 judgments as temporary orders would serve to illegi-timize the child and would offend our state’s policy of encouraging judicial economy.
“(d) A court may grant any of the following relief in a final order for protection or a modification of an order after notice and hearing, whether or not the defendant appears:
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“(5) Order the defendant to pay temporary reasonable support for the plaintiff or any child in the plaintiffs custody, or both, when the defendant has a legal obligation to support such person. The amount of temporary support awarded shall be in accordance with Child Support Guidelines.
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“(e)(1) Any final protection order or approved consent agreement shall be for a period of one year unless a shorter or longer period of time is expressly ordered by the court. While the order is in effect, the court may amend its order or an approved consent agreement at any time upon subsequent petition filed by either party and a hearing held pursuant to this chapter.”
(Emphasis added.)
We agree with the circuit court that the 2008 judgments expired by operation of law on May 12, 2009, and that, therefore, the circuit court lacked jurisdiction to consider Baldwin’s petition to modify.
Baldwin contends that the circuit court’s inclusion of the language “from this date forward” and “effective immediately” in the 2008 judgments satisfies the requirement in § 30-5-7(e)(l) of the former Act that the circuit court expressly specify if an approved consent agreement is to extend beyond the one-year limitation in § 30-5-7(e)(l) of the former Act. We are not convinced.
As Baldwin points out, “express” means “[cjlearly and unmistakably communicated; directly stated.” Black’s Law Dictionary 661 (9th ed. 2009). He contends that the use of the phrase “from this date forward” in the 2008 modified judgment “expressly extended [the circuit court’s] order into the future” and made the 2008 judgments effective “for the duration of the minority of the child.” We cannot agree with Baldwin that the phrases “from this date forward” and “effective immediately” clearly and unmistakably indicate that the circuit court intended that the 2008 judgments would remain in effect for the “duration of the minority of the child.” Under the provisions of the former Act, if the circuit court had intended that the approved consent agreement was to be effective for a shorter or a longer period than the statutorily
Finally, Baldwin’s policy arguments are unavailing. Baldwin asserts that we should interpret the 2008 judgments as having permanent duration because any other interpretation acts to illegitimize the child and creates a need for repetitive, unnecessary litigation. This court lacks the power to interpret a judgment in a way that would violate the unambiguous language of a statute; it is this court’s duty, to ascertain and effectuate the legislative intent expressed by the plain meaning of the statute. See Ex parte Webb, 53 So.3d 121, 131 (Ala. 2009); White Smile USA, Inc. v. Board of Dental Exam’rs of Alabama, 36 So.3d 9, 15 (Ala. 2009); and Ex parte T.B., 698 So.2d 127, 130 (Ala. 1997).
In this case, the former Act unambiguously provided that any PFA order or approved consent agreement reached by the parties at a PFA hearing would expire in one year unless the court specifically stated a longer or shorter period of duration. As discussed above, our legislature has amended the former Act and has deleted the one-year expiration provision; however, any PFA order or approved consent agreement entered into before the July 1, 2010, effective date of the revised Act expired by operation of law in one year, unless the court stated a longer or shorter period of duration.
The circuit court’s judgment determining that it lacked subject-matter jurisdiction over Baldwin’s petition to modify is affirmed.
AFFIRMED.
. In 2010, the Alabama Legislature revised the Alabama Protection from Abuse Act, codified at Ala.Code 1975, § 30-5-1 et seq., effective July 1, 2010.
. Baker did not file a brief on appeal.
Reference
- Full Case Name
- Randall Eric BALDWIN v. Stephanie BAKER
- Cited By
- 1 case
- Status
- Published