Bates v. State
| Decision Date | 11 February 1987 |
| Citation | 503 So.2d 856 |
| Parties | Lisa BATES v. STATE of Alabama. (In the Matter of Shameka BATES). Civ. 5683. |
| Court | Alabama Court of Civil Appeals |
Marilyn S. Kavanaugh, Huntsville, for appellant.
William Prendergast and Coleman Campbell, Asst. Attys. Gen., for appellee.
This is a termination of parental rights case.
In November 1983 the State of Alabama Department of Pensions and Security [DPS] received a complaint alleging that two-year-old Shameka Bates was both neglected and abused by her mother, Lisa Bates. Until August of 1984 DPS attempted to provide services to the child's mother to avoid the necessity of taking judicial action on the child's behalf.
However, on August 5, 1984 a shelter care hearing was held regarding the child, which resulted in DPS receiving authorization to place Shameka in foster care. Shameka has been in foster care since that date. DPS was subsequently awarded temporary legal custody of Shameka on December 14, 1984.
Then, on May 13, 1986, DPS petitioned for permanent legal custody of Shameka, alleging the child's dependency. On August 11, 1986 the Madison County Juvenile Court terminated the parental rights of Lisa Bates, Willie Davis, and Homer McCrary and granted permanent legal custody to DPS with the corresponding authority to place the child in an adoptive home.
The court terminated the rights of Homer McCrary because it was questionable whether he and Lisa Bates were divorced at Shameka's birth. Because both Lisa Bates and Willie Davis maintained that Mr. Davis was the child's father, his parental rights were also terminated. Mr. Davis had not at the time of the hearing legitimated Shameka.
A motion for new trial was subsequently made by the appellant, Lisa Bates, alleging, inter alia, that: (1) Willie Davis, the putative father of Shameka, had instituted legitimation proceedings in Georgia; (2) both the mother, Lisa Bates, and the putative father, Willie Davis, desired that Mr. Davis's mother be awarded permanent legal custody of Shameka; (3) a Georgia social worker had evaluated the Davis home and recommended placement there, provided Mr. Davis legitimated the child; (4) Mrs. Davis was not, and could not be, recognized as a relative resource at the original trial and should now be considered a relative resource at a new trial following the conclusion of legitimation proceedings.
The motion for new trial was denied.
The mother appeals, contending the trial court's action in denying the motion for new trial was error.
Our review of a denied motion for new trial is restricted to an examination of whether the trial court abused its discretion by refusing to grant the motion. Moorman Manufacturing Co. v. Coan, 435 So.2d 106 (Ala.Civ.App.1983). The denial, however, is presumed to be correct, and we will not alter the trial court's determination on appeal absent a showing from the record that the court was plainly and palpably wrong and that a legal right was abused. Moorman, supra.
After examining the appellant's motion, it appears that she is actually moving for relief from judgment on the ground...
To continue reading
Request your trial
-
N.T.C. v. M.S.C.
... ... See , e.g. , Marsh v. Smith , 67 So. 3d 100, 108 (Ala. Civ. App. 2011) ; see also Moody v. State ex rel. Payne , 344 So.2d 160, 163 (Ala.1977). Instead, that evidence must be presented in a new, properly filed action for a modification of ... [T]rials would have the potential to become never-ending." Bates v. State , 503 So. 2d 856, 858 (Ala. Civ. App. 1987) ; Greene , 335 So. 3d at 670 (reversing an order based on the "trial court's consideration of ... ...
-
Ex Parte K.S.(in Re K.S. v. Lee County Dep't of Human Res.).
... ... See Ruzic v. State ex rel. Thornton, 866 So.2d 564, 56869 (Ala.Civ.App.2003), abrogated on other grounds by F.G. v. State Dep't of Human Res., 988 So.2d 555 ... See Bates v. State, 503 So.2d 856, 858 (Ala.Civ.App.1987) (stating that no postjudgment relief is granted when the new evidence comes into being following the ... ...
-
Marsh v. Smith
... ... , Mississippi, the mother has changed her principal residence (and necessarily one of the child's two principal residences) to a different state. Marsh, 37 So.3d at 179. The father relies, in part, on the principle of law of the case, which, as we explained in Giardina v. Giardina, 39 ... Bates v. State, 503 So.2d 856, 858 (Ala.Civ.App.1987) (stating that motions seeking relief from a judgment on [67 So.3d 108] the ground of newly ... ...
-
Goodyear Tire & Rubber Co. v. Haygood
... ... Bates v. State, 503 So.2d 856, 858 (Ala.Civ.App.1987) (stating that motions seeking relief from a judgment on the ground of newly discovered evidence are ... ...