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EX PARTE FESSLER

89-40.

567 So.2d 303 (1990)

Ex parte David and Marthella FESSLER. (Re David and Marthella FESSLER v. STATE DEPARTMENT OF HUMAN RESOURCES).

Supreme Court of Alabama.

August 17, 1990.

Attorney(s) appearing for the Case

J. Wilson Mitchell of Colebeck, Yates & Mitchell, Florence, for petitioner.

William Prendergast and Coleman Campbell, Asst. Attys. Gen., and Lynn S. Merrill, Spec. Asst. Atty. Gen., for respondent.

PER CURIAM.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

HORNSBY, C.J., and JONES, ALMON, ADAMS, HOUSTON, STEAGALL and KENNEDY, JJ., concur.

MADDOX, J., concurs specially.

MADDOX, Justice (concurring specially).

I concur in the judgment to quash the writ in this case as having been improvidently granted, but I must point out again that I do not believe that "the trial court... must determine the child's dependency," Fessler v. State Dept...

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