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← 667 SO2D 164 - Ex Parte Lord

Ex Parte Lord’s Empirical Analysis

1995

Citation profile

4
cited by 4 later decisions
1
states following
November 2009
most recently cited

4 state decisions

Relationships

Relies on Ex Parte Clark · C.L.D. v. D.D. · B.T.D. v. T.L.C.H.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"(1) Appeals from final orders, judgments or decrees of the juvenile court shall be to the appropriate appellate court, subject to the Alabama Rules of Appellate Procedure, if: "(a) A record certified as adequate by the juvenile court judge or a stipulation of facts is available and the right to a jury trial has been exercised or waived by all parties entitled thereto; or, "(b) The parties stipulate that only questions of law are involved and the juvenile court certifies the questions."”
    3 later decisions quote this exact passage
  2. “"The Alabama Uniform Parentage Act contains a similar provision for appeal in § 26-17-20 (b), Ala.R.Crim.P. This section states: " 'Appeals may be taken from the juvenile or family court division of the district or circuit court directly to the court of civil appeals if there is an adequate record or stipulation of the facts by the parties and the right to a jury trial is waived by all parties entitled thereto. . . ." "The Court of Civil Appeals, construing § 26-17-20 (b), stated in B.T.D. v. T.L.C.H. , 585 So.2d 96 (Ala.Civ.App. 1991): " ' This court has held that all parties entitled to a jury trial must have *Page 1029 waived that right, and the waivers must be made a part of the record on appeal for this court to entertain jurisdiction of an appeal from a final judgment in an initial proceeding under [the Alabama Uniform Parentage Act]. C.L.D. v. D.D. , 575 So.2d 1140 (Ala.Civ.App. 1991). . . . " 'The appeal in this case was timely filed as provided by § 26-17-20 [within 14 days of the entry of judgment] and Rule 28(C), Alabama Rules of Juvenile Procedure, but because there is no waiver of the right to a jury trial in the record, the appeal is brought in the wrong court.' "Here, the record shows that the petitioners did not waive their right to a jury trial. Thus, jurisdiction would lie in the circuit court, not with this court."”
    1 later decision quote this exact passage
  3. “The Court of Civil Appeals, construing § 26-17-20 (b), stated in B.T.D. v. T.L.C.H. , 585 So.2d 96 (Ala.Civ.App. 1991): " ' This court has held that all parties entitled to a jury trial must have *Page 1029 waived that right, and the waivers must be made a part of the record on appeal for this court to entertain jurisdiction of an appeal from a final judgment in an initial proceeding under [the Alabama Uniform Parentage Act]. C.L.D. v. D.D. , 575 So.2d 1140 (Ala.Civ.App. 1991). . . . " 'The appeal in this case was timely filed as provided by § 26-17-20 [within 14 days of the entry of judgment] and Rule 28(C), Alabama Rules of Juvenile Procedure, but because there is no waiver of the right to a jury trial in the record, the appeal is brought in the wrong court.' "Here, the record shows that the petitioners did not waive their right to a jury trial. Thus, jurisdiction would lie in the circuit court, not with this court.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.