Legal Opinion · Concurrence

D.B. v. A.K.

Court of Civil Appeals of Alabama

Decided April 13, 2012No. 2110180Published

1ConcurrenceThomas, Judge

I concur in the result because, although I do not agree with the rationale expressed in footnote 3 of the main opinion and would ordinarily consider both bases advanced by the juvenile court for its dismissal of D.B.’s petition, especially when, as in this case, the appellant fails to raise an argument on appeal regarding one of the grounds expressly relied on by the trial court, Campton v. Miller, 19 So.3d 245, 250 (Ala.Civ.App.2000), I do not believe the juvenile court was free to dismiss D.B.’s petition sua sponte on the ground of res judicata. Ex parte Beck, 988 So.2d 950, 955 (Ala.2007)…

2Cases cited2 opinions

  1. Campton v. MillerCourt of Civil Appeals of Alabama · 2009
  2. Ex Parte BeckSupreme Court of Alabama · 2007

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