Ex Parte Queen

Bettye Jan Belcher Queen, Beverly Jean Scroggins, and Otha A. Belcher ("the petitioning children"), children of Olon Belcher ("the father"), petition this Court for a writ of mandamus directing the Bibb Circuit Court to vacate its September 27, 2005, order denying their motion for an entry of findings and judgment following a remand from this Court and to require that, in determining the mental capacity of the father on remand, the trial court consider only the record in this case existing when the petitioning children appealed. We grant the petition.

The petitioning children challenge the…