Supreme Court of Alabama, 2013

Vest v. Vest

Supreme Court of Alabama · Decided May 10, 2013 · Bolin, Bryan, Himself, Main, Moore, Murdock, Stuart

130 So. 3d 580; 2013 WL 1926391 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Vest v. Vest (Ala. 2015)

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

BOLIN, Justice.

WRIT DENIED. NO OPINION.

*581MOORE, C.J., and STUART and MAIN, JJ., concur. MURDOCK, J., concurs specially. BRYAN, J., recuses himself. *

Concurring Opinion

MURDOCK, Justice

(concurring specially).

I question the conclusion reached by the Court of Civil Appeals in its opinion on remand from this Court that the mother in a post-divorce proceeding had waived her affirmative defense arising under Ala.Code 1975, § 6-5-440, by failing to assert that defense in a motion to dismiss or to transfer filed in that proceeding. Ex parte Vest, 130 So.3d 574 (Ala.Civ.App. 2013). Because this waiver issue is not presented in the petition for certiorari review now before this Court, however, I concur in denying that petition.

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