O.S. v. E.S.

After no small degree of struggle on my part and with some trepidation given the now antiquated rules of pleading and procedure in play in some of the cases discussed in the Court of Civil Appeals’ opinion, I respectfully dissent. I offer the following thoughts.

Initially, my angst regarding the result achieved in the main opinion focused on a concern that the main opinion might be in error for failing to recognize and accommodate fully the plenary role of the circuit court as our court of general equity jurisdiction. The language of Ala.Code 1975, § 12-11-31 — upon which the main opinion…