Worley v. Jinks

Decision Date01 September 1978
PartiesIn re Faye WORLEY et al. v. John K. JINKS et al. Ex parte Faye Worley et al. 77-622.
CourtAlabama 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.

FAULKNER, Justice.

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.

TORBERT, C. J., and BLOODWORTH, ALMON and EMBRY, JJ., concur.

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8 cases
  • Marshall Cnty. Dep't of Human Res. v. R.H. (Ex parte R.H.)
    • United States
    • Alabama Court of Civil Appeals
    • June 2, 2020
    ...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 ......
  • YM v. JEFFERSON COUNTY DHR
    • United States
    • Alabama Court of Civil Appeals
    • January 24, 2003
    ... ... 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 ... ...
  • Mathews v. Mathews
    • United States
    • Alabama Court of Civil Appeals
    • October 27, 1982
    ...custody cases has wide latitude in the evidence it will consider. Worley v. Jinks, 361 So.2d 1082 (Ala.Civ.App.1978), writ quashed, 361 So.2d 1089 (Ala.1978). Furthermore, where the objection made at trial is general, as it was in the instant case, if any grounds are found to uphold the tri......
  • Hamilton v. State
    • United States
    • Alabama Court of Civil Appeals
    • February 3, 1982
    ...testimony to corroborate the information in the reports. See, Worley v. Jinks, 361 So.2d 1082 (Ala.Civ.App.), writ quashed, 361 So.2d 1089 (Ala.1978). The reports were therefore not competent The right to maintain family integrity is a fundamental right protected by the due process standard......
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