EX PARTE BUCK

SC 538.

287 So.2d 441 (1973)

Ex parte The Honorable James D. BUCK, as Judge of the Circuit Court of Tuscaloosa County, Alabama. In re Ex parte Barbara S. McDUFFIE— Petition for Writ of Mandamus to the Honorable James D. Buck, as Judge of the Circuit Court of Tuscaloosa County, Alabama.

Supreme Court of Alabama.

December 6, 1973.


Attorney(s) appearing for the Case

Perry Hubbard, McDuffie & Holcombe, Tuscaloosa, for petitioner.

Zeanah, Donald, Lee & Williams and Wilbor J. Hust, Jr., Tuscaloosa, for respondent.


JONES, Justice.

Does a divorce-child custody action pending in one state abate a like suit in another state?1 We answer in the negative and reverse and remand this cause to the Court of Civil Appeals. We agree with the trial court in overruling the respondent-wife's motion to dismiss (Plea in Abatement).

The Court of Civil Appeals in issuing the writ of mandamus stated:

"The question of jurisdiction is determinative of...

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