Vest v. Vest

After Remand from the Alabama Supreme Court

BRYAN, Judge.

The supreme court has reversed this court’s September 2, 2011, judgment and remanded the cause for further consideration of the petition for a writ of mandamus filed by Jennifer Ann Vest (Herron) (“the mother”) on April 14, 2011, in light of the supreme court’s decision. Ex parte Vest, 130 So.3d 572 (Ala.2012) (“the supreme court’s September 14 decision”).1

In our September 2, 2011, judgment, we did not address the issue whether the mother had waived her affirmative defense based on § 6-5-440, Ala.Code 1975, and had failed to revive it…