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EX PARTE KING

1941002.

667 So.2d 709 (1995)

Ex parte Charles Mark KING. (Re Charles Mark KING v. Kimberly Jean Pounders KING).

Supreme Court of Alabama.

August 11, 1995.

Attorney(s) appearing for the Case

Mark W. Macoy, Homewood, for Petitioner.

Randall W. Nichols, Birmingham, for Respondent.

COOK, Justice.

WRIT DENIED.

MADDOX, SHORES, HOUSTON, and INGRAM, JJ., concur.

HORNSBY, C.J., concurs specially.

BUTTS, J., dissents, without opinion.

HORNSBY, Chief Justice (concurring specially):

Although I concur in the denial of certiorari review, I write to address Ex parte Devine, 398 So.2d 686 (Ala.1981). In Devine, this Court abandoned the "tender years doctrine" and set...

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