M.G. v. J.T.
Decision Date | 28 September 2012 |
Docket Number | 2110761. |
Citation | 105 So.3d 1232 |
Parties | M.G. v. J.T. |
Court | Alabama Court of Civil Appeals |
OPINION TEXT STARTS HERE
William C. Porter, Cullman, for appellant.
Annette Irons–Parker of Parker & Parker, P.C., Cullman, for appellee.
Andria Richter, Cullman, guardian ad litem for appellee.
This is the second time these parties have been before this court. In M.G. v. J.T., 90 So.3d 762 (Ala.Civ.App.2012), M.G. (“the mother”) appealed from a judgment of the Cullman Juvenile Court (“the juvenile court”) declaring B.L.T. (“the child”) dependent and awarding custody of the child to J.T., the child's stepmother (“the stepmother”). We concluded that the juvenile court's judgment had not been entered in accordance with due process and, thus, that the judgment was void. M.G., 90 So.3d at 766. Therefore, on February 24, 2012, we dismissed the mother's appeal with instructions to the juvenile court to set aside its void judgment. Id.
On February 27, 2012, the juvenile court scheduled the cause for a hearing to be held on March 1, 2012. This court's certificate of judgment was issued on March 15, 2012. On March 29, 2012, after conducting the hearing on March 1, the juvenile court entered a judgment, again finding the child dependent and awarding custody of the child to the stepmother. The mother again appeals.
We first address the issue whether the juvenile court had subject-matter jurisdiction to conduct the hearing and enter its judgment. Ex parte Alabama Dep't of Human Res., 999 So.2d 891, 895 (Ala.2008) (quoting Ex parte Smith, 438 So.2d 766, 768 (Ala.1983)) (“ ‘[I]t is the duty of an appellate court to consider lack of subject-matter jurisdiction ex mero motu.’ ”).
“ ‘It is well settled that “[o]nce an appeal is taken, the trial court loses jurisdiction to act except in matters entirely collateral to the appeal.” ’ Portis v. Alabama State Tenure Comm'n, 863 So.2d 1125, 1126 (Ala.Civ.App.2003) (quoting Ward v. Ullery, 412 So.2d 796, 797 (Ala.Civ.App.1982)). Further,
“
“Johnson v. Willis, 893 So.2d 1138, 1141 (Ala.2004).
“....
Landry v. Landry, 91 So.3d 88, 89–90 (Ala.Civ.App.2012).
In the present case, the juvenile court held a hearing on March 1, 2012, which was before this court issued its certificate of judgment on March 15, 2012. Therefore, at the time of the hearing, this court's jurisdiction over the case had not terminated, and the juvenile court had not reacquired jurisdiction over the case. Landry, 91 So.3d at 90. A judgment cannot be entered upon evidence obtained at a hearing that was held at a time when the trial court did not have subject-matter jurisdiction. See, e.g., Gray v. State, 658 So.2d 510, 511 (Ala.Crim.App.1994) ( ).
Based on the foregoing, we conclude that the juvenile court's March 29, 2012, judgment is void for lack of subject-matter jurisdiction. We, therefore, dismiss the appeal, albeit with instructions to the juvenile court to set aside its void judgment. Like the Court of Criminal Appeals in Gray, we instruct...
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...or to otherwise act on the matter until this court concluded its review and entered a certificate of judgment. SeeM.G. v. J.T., 105 So.3d 1232, 1233 (Ala. Civ. App. 2012) (explaining that until this court issues its certificate of judgment on a matter, a lower court does not have jurisdicti......
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