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STATE v. HIGGINS

Civ. 2892.

423 So.2d 225 (1981)

STATE of Alabama v. James Vernon HIGGINS, Jr.

Court of Civil Appeals of Alabama.

Rehearing Denied October 14, 1981.

Attorney(s) appearing for the Case

G. Houston Howard, II of Howard, Dunn & Howard, Wetumpka, and Charles A. Graddick, Atty. Gen., and Jane LeCroy Brannan, Asst. Atty. Gen., for appellant.

William P. Boggs and Bob E. Allen, Clanton, for appellee.

BRADLEY, Judge.

This is a paternity action.

James Vernon Higgins, Jr. was deemed to be the father of the illegitimate child of Iris Lesley by the District Court of Elmore County on November 6, 1980. On November 18, 1980 Higgins appealed to the Circuit Court of Elmore County and asked for a jury trial. On December 12, 1980 the State of Alabama filed a written motion to dismiss the appeal. On that same day the circuit court overruled the motion.

The...

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