Ex parte C.L.C.
(In re C.L.C.
v.
D.W.R. and M.J.T.R.)
Supreme Court of Alabama.
*235 Jonathan W. Gathings of Jonathan W. Gathings & Associates, Birmingham, for petitioner.
Rоbert M. Echols, Jr., Birmingham; and Luther S. Gartrell, Ashville, for respondents.
*236 JOHNSTONE, Justice.
We granted C.L.C.'s petition for a writ of certiorari to determine whether the Court of Civil Apрeals erred in affirming the judgment of the trial court. We reverse and remand with instructions.
On March 19, 2001, C.L.C., a high school student, hereinafter sometimes "the fathеr," petitioned the Colbert County Circuit Court to adjudicate his paternity of a child and to declare his child legitimate. On March 21, 2001, in the St. Clair County Probate Court, D.W.R. and M.J.T.R., the prospective adoptive parents, petitioned to adopt the same child the father had petitioned to legitimize. The prospective adoptive parents filed documents showing that the birth mother had consented to their adoption of hеr newborn son. They alleged that the consent of the father, C.L.C., was not required or was implied by law. In April 2001, the father was served with a summons and the cоmplaint filed by the prospective adoptive parents in the probate court. Contesting the adoption, the father answered and moved to dismiss the adoption petition. On June 21, 2001, the father moved to stay the adoption action pending an adjudication in his paternity аction.
In September 2001, the prospective adoptive parents moved to remove their adoption action to the St. Clair County Juvenile Court. On December 10, 2001, the St. Clair County Probate Court transferred the petition for adoption to the juvenile court "for the purposе of terminating parental rights" of C.L.C. and with instructions "that this cause be remanded to the Probate Court for final disposition."
On December 19, 2001, in the juvenile сourt, the prospective adoptive parents moved for a summary judgment on their adoption petition itself on the ground that the fathеr had irrevocably impliedly consented to the adoption of his child by failing to register timely with the Putative Father Registry, see § 26-10C-1, Ala.Code 1975. On February 28, 2002, the prоspective adoptive parents again moved for summary judgment on their adoption petition itself on the same ground. They submitted a supporting brief. The father opposed the summary judgment motion.
On March 19, 2002, the juvenile court entered an order granting the prospective adoptive parents' summary judgment motion and entering summary judgment granting the adoption petition itself. On May 29, 2002, the father moved to alter, to amend, or tо vacate the judgment, or, in the alternative, for relief from the judgment, pursuant to Rule 60(b)(4), Ala. R. Civ. P., on the ground that the judgment was void because the juvenilе court lacked jurisdiction to grant the adoption since the probate court had transferred the case to the juvenile court for the limited purpose of terminating parental rights under § 26-10A-3, Ala.Code 1975. The father also claimed that the judgment of the juvenile court was contrаry to "the statute." On June 4, 2002, the juvenile court denied the postjudgment motion.
The father appealed. The Court of Civil Appeals affirmed the judgmеnt of the juvenile court without opinion. C.L.C. v. D.W.R. (No. 2010960, February 28, 2003),
The prospective adoptive parents contend here, as they contended beforе the Court of Civil Appeals, that the father's Rule 60(b)(4) motion was an attempt to circumvent the 14-day appeal time. Therefore, we first address the effectiveness of the Rule 60(b)(4) motion.
"`On certiorari review, this Court accords no presumption of correctness to the legal сonclusions of the intermediate appellate court. Therefore, we must apply de novo the standard of review that *237 was applicable in the Court of Civil Appeals.' Ex parte Toyota Motor Corp.,684 So.2d 132 , 135 (Ala.1996)."
Ex parte Helms,
Because a Rule 60(b)(4) motion, by definitiоn, attacks a putative judgment on the ground that it is void, such a motion may be filed at any time after entry of the putative judgment. Ex parte Full Circle Distrib., L.L.C.,
"`A judgment is void only if the court which rendered it [1] lаcked jurisdiction of the subject matter, or [2] of the parties, or [3] if it acted in a manner inconsistent with [procedural] due process.'"
Neal v. Neal,
Section 26-10A-3 provides:
"The рrobate court shall have original jurisdiction over proceedings brought under the chapter. If any party whose consent is required fails to consent or is unable to consent, the proceeding will be transferred to the court having jurisdiction over juvenile matters for the limited purpose of termination of parental rights. The provisions of this chapter shall be applicable to proceedings in the court hаving jurisdiction over juvenile matters." (Emphasis added.)
"`Adoption is not merely an arrangement between the natural parents and adoptive parents, but is a status created by the state acting as parens patriae, the sovereign parent. Because the exercise of sovereign power invоlved in adoption curtails the fundamental rights of the natural parent[s], the adoption statutes must be closely adhered to.'" Ex parte Sullivan,
"Once jurisdiction has attached in one court, that court has the exclusive right to continue its exercise of power until the completion of the cаse, and is only subject to appellate authority." Wesson v. Wesson,
The "primary jurisdiction over adoption рroceedings is in the probate court." B.W.C. v. A.N.M.,
The probate court kept exclusive jurisdiction ovеr the issue of whether or not to grant or deny the petition to adopt. Wesson, supra. The probate court, pursuant *238 to the authority of § 26-10A-3, sent the case to the juvenile court for the striсtly limited purpose of addressing the issue of termination of parental rights, and the juvenile court acquired only that limited jurisdiction over this particular case. See Martin v. Martin,
Therefore, in purporting to grant the petition to adopt, the juvenile court exceedеd its jurisdiction and entered only a void judgment. See State ex rel. Payne v. Empire Life Ins. Co. of America,
The judgment of the juvenile court is void for lack of subject-matter jurisdiction. Neal, supra. Accordingly, the denial of the father's Rule 60(b)(4) motion by the juvenile court and the affirmance of that denial by the Court of Civil Appeals were еrroneous. Therefore, we reverse the judgment of the Court of Civil Appeals and remand the cause to that court with instructions to vacate the judgment entered by the juvenile court and to remand the cause in turn to the juvenile court for further proceedings not inconsistent with this opinion.
REVERSED AND REMANDED WITH INSTRUCTIONS.
HOUSTON, SEE, LYONS, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur.
