State Ex Rel. State of Ohio v. E.B.M.

After Remand from the Supreme Court

ROBERTSON, Presiding Judge.

The prior judgment of this court has been reversed by the Supreme Court of Alabama. Ex parte State of Alabama ex rel. State of Ohio, 718 So.2d 669 (Ala.1998). In its opinion, our Supreme Court held that the five-year limitations period set forth in Ala.Code 1975, § 26-17-6(a), was waived because it was neither pleaded1 nor argued. The Supreme Court has remanded the cause for this court to determine whether the trial court’s finding in this ease was plainly and palpably erroneous. See also, Ex parte State of Alabama ex rel. State of…