Supreme Court of Alabama, 2000

Ex Parte O.L.D.

Supreme Court of Alabama · Decided April 7, 2000 · Maddox, Hooper, Houston, Cook, See, Lyons, Brown, Johnstone, England

769 So. 2d 305; 2000 Ala. LEXIS 132; 2000 WL 356343 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

JOHN DEERE CONST. EQUIPMENT CO. v. England (Ala. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MADDOX, Justice.

The petition for the writ of certiorari is quashed as having been improvidently granted.

In quashing the writ of certiorari, this Court does not wish- to be understood as approving all the language, reasons, or statements of law in the Court of Civil Appeals’ opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). We particularly do not wish to be understood as approving the proposition that § 12—15—71(a), Ala.Code 1975, always precludes the application of the parental presumption, a long-established common-law principle, when custody is at issue in dependency cases.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

HOOPER, C.J., and HOUSTON, COOK, SEE, LYONS, BROWN, JOHNSTONE, and ENGLAND, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.