S.A. v. M.T.O.

2120259 and 2120260.

143 So.3d 799 (2013)

S.A. v. M.T.O. and S.P.O. J.B. v. M.T.O. and S.P.O.

Court of Civil Appeals of Alabama.

Certiorari Petitions Denied December 6, 2013 Alabama Supreme Court 1130165 and 1130166.


Attorney(s) appearing for the Case

Joseph (Jody) Willoughby of Day & Willoughby, P.C., Gadsden, for appellant S.A.

Brynn Crain of Cusimano, Keener, Roberts, Knowles & Raley, LLC, Gadsden, for appellant J.B.

Jack W. Torbert, Jr. , Gadsden, for appellees.

Robert M. Echols , Birmingham, guardian ad litem for appellee M.J.B.


PITTMAN, Judge.

These consolidated proceedings concern the propriety of a final judgment entered by the Etowah Probate Court allowing M.T.O. and S.P.O. ("the petitioners") to adopt a minor child, M.J.B. ("the child"). Because the probate court erroneously determined that a required consent or relinquishment could be implied under the evidence presented, we conclude that the judgment under review is void and, therefore, dismiss the appeals.

On October 15, 2012...

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