In re the Adoption of Dailey

James R. Cooper, Judge.

This is the second appeal in this adoption case. The appellant, the natural mother, argues that the probate judge erred in granting the appellees’ motion for summary judgment and in dismissing the appellant’s petition to withdraw her consent to the adoption. We reverse and remand.

On January 16, 1986, the appellant signed a consent to the adoption of her daughter by the appellees, and on January 17, 1986, the probate court entered an adoption decree.The appellant attempted to withdraw her consent, asserting that it had been obtained by fraud and duress. The probate court…