Legal Opinion

Carter v. Beaver

Supreme Court of Alabama

Decided March 8, 1991No. 89-1502PublishedCited by 4 opinions

1Opinion of the Court

This case presents two issues relating to the distribution of the proceeds of a recovery for the wrongful death of a minor:(1) Is a noncustodial parent entitled to receive one-half of the proceeds from a wrongful death action filed by the custodial parent?(2) Do the provisions of Ala. Code 1975, §§ 6-5-390 and -391, merely govern the procedure for filing an action based on the wrongful death of a minor, or do they also control the distribution of proceeds received from such an action, in light of Ala. Code 1975, § 43-8-42, which governs the distribution of an intestate's estate?

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2Cases cited12 opinions

  1. Cofer v. EnsorSupreme Court of Alabama · 1985
  2. Smith v. Louisville & Nashville RailroadSupreme Court of Alabama · 1883
  3. Thorne v. OdomSupreme Court of Alabama · 1977
  4. Peoples v. SeamonSupreme Court of Alabama · 1947
  5. Adkison v. AdkisonSupreme Court of Alabama · 1970

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3Cited by4 opinions

  1. Ex Parte JordanSupreme Court of Alabama · 1992
  2. Nix v. McElrathSupreme Court of Alabama · 2006
  3. Miller v. DismukesSupreme Court of Alabama · 1993
  4. Gladhill v. Lamar County CommissionSupreme Court of Alabama · 1997

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