Legal Opinion · Concurrence

C.M.L. v. B.E.L.

Court of Civil Appeals of Alabama

Decided August 1, 2014No. 2120824Published

1ConcurrenceThomas, Judge

I agree that the juvenile court erred by not setting aside the May 30, 2013, judgment terminating the parental rights of C.M.L. (“the mother”). Although “[i]t is the prevailing rule in Alabama ‘that a litigant ... has responsibility for keeping track of his case and knowing its status,’ ” Burleson v. Burleson, 19 So.3d 233, 239 (Ala.Civ.App.2009)(quoting D. & J. Mineral & Mining, Inc. v. Wilson, 456 So.2d 1099, 1100 (Ala.Civ.App.1984)), it is also true that “[o]ur caselaw recognizes that the failure of a party to advise the clerk of a proper service address may ‘fall into the category of…

2Cases cited6 opinions

  1. Kirtland v. Fort Morgan Auth. Sewer Serv., Inc.Supreme Court of Alabama · 1988
  2. Bowman v. STATE DEPT. OF HUMAN RESOURCESCourt of Civil Appeals of Alabama · 1988
  3. Evans v. EvansCourt of Civil Appeals of Alabama · 1983
  4. D. & J. MINERAL & MIN., INC. v. WilsonCourt of Civil Appeals of Alabama · 1984
  5. B. E. H. v. State Ex Rel. M.E.C.Court of Civil Appeals of Alabama · 2011

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