133 So. 3d 890
Ala. Civ. App.2013Background
- DHR petitioned to terminate C.M.’s parental rights to four children on Oct. 20, 2011.
- Trial set for Feb. 21, 2012; service issues led to publication service order on Mar. 9, 2012.
- Mother’s counsel filed a notice of appearance Mar. 21, 2012; later filed a notice of non-waiver of service.
- Publication notice published four weeks starting May 4, 2012; mother appeared at trial June 25, 2012.
- Juvenile court found the children dependent and granted custody to DHR for adoptive placement; judgments entered Aug. 9, 2012.
- Mother appealed asserting lack of personal jurisdiction over her.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court had personal jurisdiction over C.M. | C.M. did not waive lack of personal jurisdiction. | DHR and court properly ensured service and notice. | Yes; court properly exercised personal jurisdiction over C.M. |
Key Cases Cited
- L.K. v. Lee Cnty. Dep’t of Human Res., 64 So.3d 1112 (Ala.Civ.App.2010) (service by publication requires abandonment and diligent effort to locate parent)
- Simmons v. Simmons, 99 So.3d 316 (Ala.Civ.App.2011) (attorney’s notice of appearance can waive service of process)
- R.M. v. Elmore Cnty. Dep’t of Human Res., 75 So.3d 1195 (Ala.Civ.App.2011) (appearance generally constitutes waiver of jurisdiction challenge unless sole purpose is to contest jurisdiction)