FRANKLIN v. DEPT. OF HUMAN RESOURCES

Civ. 5820.

513 So.2d 625 (1987)

James FRANKLIN and Marie Franklin v. STATE OF ALABAMA DEPARTMENT OF HUMAN RESOURCES. (In the Matter of Billy Mack FRANKLIN, Gladys Ann Franklin, and Minnie Lynn Franklin).

Court of Civil Appeals of Alabama.

July 15, 1987.


Attorney(s) appearing for the Case

Jeffrey A. Willis, of Wood, Hollingsworth & Willis, Childersburg, for appellants.

William Prendergast and Coleman Campbell, Asst. Attys. Gen., for appellee.


INGRAM, Judge.

The Alabama Department of Human Resources obtained custody of the three minor children of James and Marie Franklin at a hearing in the juvenile court. From that judgment the Franklins filed notice of appeal to this court. It was then discovered that the electronic recording device failed to function properly and no record of those proceedings was made. On motion, we transferred the case to the circuit court of Talladega County for trial de novo.

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