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EX PARTE KILGORE

1110977.

100 So.3d 551 (2012)

Ex parte Kimberly P. KILGORE. In re Robert Kilgore, Jr. v. Kimberly P. Kilgore.

Supreme Court of Alabama.

June 29, 2012.

Attorney(s) appearing for the Case

Joan-Marie Dean , Huntsville, for petitioner.

Submitted on petitioner's brief only.

Prior report: Ala.Civ.App., 100 So.3d 544.

BOLIN, Justice.

WRIT DENIED. NO OPINION.

MALONE, C.J., and WOODALL, STUART, PARKER, SHAW, and MAIN, JJ., concur.

MURDOCK and WISE, JJ., dissent.

MURDOCK, Justice (dissenting).

I am concerned that the Court of Civil Appeals may have substituted its judgment for that of the trial court in this case. As the Court of Civil Appeals observed:

"`"`[T]he trial court is in the better position to consider all of the evidence, as well...

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