Davis v. Turner

In re Brenda Turner DAVIS v. Tom W. TURNER et al. Ex parte Brenda Turner Davis.

Supreme Court of Alabama

SC 2022.

Decided September 24, 1976.

Supreme Court of Alabama · decided 1976-09-24

Relies on Chandler v. Whatley · 337 So. 2d 355 - Davis v. Turner

Good law ✅— No negative treatment on recordhow we know

Decided 1976-09-24

How this case has been cited

Cited by 17 later decisions — most recently May 2010

1 district · 15 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Ronnie E. Keahey, Grove Hill, for petitioner.

¶2No appearance for respondent.

¶3EMBRY, Justice.

¶4WRIT DENIED.

¶5HEFLIN, C. J., and BLOODWORTH, MADDOX, FAULKNER, SHORES and BEATTY, JJ., concur.

¶6JONES, J., concurs specially.

¶7ALMON, J., dissents.

¶8JONES, Justice (concurring specially):

¶9I am in complete agreement with the holding of the Court of Civil Appeals, Ala. Civ.App., 337 So.2d 355; therefore, I agree to deny the writ. I disagree, however, with the final ground given by that Court for denying the natural mother's revocation of consent for adoption of her child: "... that the child's best interest lies with the Turners." The child's best interest, as a matter of law, lies with its mother absent a finding that the mother is unfit to have custody of her child. Chandler v. Whatley,238 Ala. 206, 189 So. 751 (1939).