102 So. 3d 394
Ala. Civ. App.2012Background
- Paternal grandmother A.L. filed a petition for custody on March 12, 2010.
- Parents J.A.L. and D.T.L. answered with a counterpetition for custody on January 12, 2011.
- Paternal aunt K.D. had previously been awarded custody and participated in the proceedings.
- Judgment on March 17, 2011 denied both custody petitions but modified visitation and designated the grandmother as a visitation supervisor and transport facilitator.
- A subsequent April 29, 2011 order granted DHR temporary custody and set the case for a final hearing; after final hearing on August 31, 2011, the court again denied custody and kept the child in DHR custody in the November 30, 2011 judgment.
- Postjudgment motions were denied, and the grandmother timely appealed on January 11, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is proper given a void judgment | Grandmother argues the November 30, 2011 judgment is void. | Respondents contend void judgments cannot support an appeal. | Appeal dismissed; judgment denying custody void; must vacate void judgment and related orders. |
Key Cases Cited
- Ex parte McLendon, 455 So.2d 863 (Ala.1984) (set default standard for modification of custody in Alabama juvenile proceedings)
- Pierce v. American General Finance, Inc., 991 So.2d 212 (Ala.2008) (void judgment due to lack of proper post-judgment relief jurisdictional issue)
- Jones v. Sears Roebuck & Co., 342 So.2d 16 (Ala.1977) (void judgment cannot support an appeal)