Worley v. Jinks
Decision Date | 01 September 1978 |
Parties | In re Faye WORLEY et al. v. John K. JINKS et al. Ex parte Faye Worley et al. 77-622. |
Court | Alabama Supreme Court |
W. M. Beck, Sr., of Beck & Beck, Fort Payne, for petitioners.
W. N. Watson of Watson & Watson, Fort Payne, for respondent, John K. Jinks.
William J. Baxley, Atty. Gen., Mary Lee Stapp, Jamie L. Pettigrew, Asst. Attys. Gen., for DeKalb County Dept. of Pensions and Security.
We originally granted certiorari to consider the jurisdiction of the probate court in light of constitutional amendment 364 which gave that court ". . . general jurisdiction . . . of adoptions . . .." After a thorough review we conclude that the Court of Civil Appeals correctly held that this grant of jurisdiction is not exclusive and does not alter § 12-12-35, Code of Ala.1975, providing for transfer of adoption proceedings to the district court on motion of a party. Worley v. Jinks, 361 So.2d 1082 (Ala.Civ.App.1978). Consequently, the writ is quashed as improvidently granted.
WRIT QUASHED.
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Marshall Cnty. Dep't of Human Res. v. R.H. (Ex parte R.H.)
...that the jurisdiction of that court shall be "exclusive."3 In Worley v. Jinks, 361 So. 2d 1082 (Ala. Civ. App.), writ quashed, 361 So. 2d 1089 (Ala. 1978), this court considered a similar situation. The Worleys commenced an adoption proceeding in the DeKalb Probate Court. The probate court ......
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... ... Hearsay is not competent evidence. Worley v. Jinks, 361 So.2d 1082, 1089 (Ala.Civ.App.1978) ... Third, it establishes as a logical precondition to the disposition the juvenile court's finding ... ...
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