Rush v. Rush

DONALDSON, Judge.

Charles Edward Rush (“Edward”) appeals from a judgment of the Marshall Circuit Court (“the circuit court”) appointing Christopher Rush (“Chris”) and Rhona Rush as co-guardians of Nell Rush, appointing Chris as conservator of Nell’s estate, and denying all relief requested by Edward.1 The case was purportedly removed to the circuit court from the Marshall Probate Court (“the probate court”); however, the removal was not accomplished in accordance with § 26-2-2, Ala. Code 1975, and, thus, the circuit court did not acquire subject-matter jurisdiction to enter the judgment.…