897 So. 2d 234 - Ex Parte CLC’s Empirical Analysis
2004
Citation profile
16 state decisions
Relationships
Relies on Graham v. Community Action Agency of North Central Alabama, Inc. · Martin v. Martin · Carter v. Mitchell · 748 So. 2d 869 - Rogers Foundation Repair, Inc. v. Powell · 407 So. 2d 559 - Ex Parte Sullivan
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`"Adoption is not merely an arrangement between the natural parents and adoptive parents, but is a status created by the state acting as parens patriae, the sovereign parent. Because the exercise of sovereign power involved in adoption curtails the fundamental rights of the natural parent[s], the adoption statutes must be closely adhered to."' Ex parte Sullivan, 407 So.2d 559, 563 (Ala. 1981) (quoting Davis v. Turner, 337 So.2d 355, 360-61 (Ala.Civ.App.1976)). "`Once jurisdiction has attached in one court, that court has the exclusive right to continue its exercise of power until the completion of the case, and is only subject to appellate authority.' Wesson v. Wesson, 628 So.2d 953, 953 (Ala.Civ.App.1993). `[W]hen [a] court has no power to sit, nor has general jurisdiction over that nature of proceeding or over the parties, it cannot make any effective order.' Carter v. Mitchell, 225 Ala. 287, 292 , 142 So. 514, 518 (1932). "The `primary jurisdiction over adoption proceedings is in the probate court.' B.W.C. v. A.N.M., 590 So.2d 282, 283 (Ala.Civ.App.1991). `[U]nless [a] juvenile court acquire[s] jurisdiction over a petition to adopt by the "transfer" mechanism found in § 12-12-35, [Ala.] Code 1975, [4] the juvenile court [is] without authority to grant an adoption.' B.W.C., 590 So.2d at 283 . "The probate court kept exclusive jurisdiction over the issue of whether or not to grant or deny the petition to adopt. Wesson, supra . The probate court, pursuant to the authority of”
3 later decisions quote this exact passage“' Rogers Found. Repair, Inc. v. Powell , 748 So.2d 869 , 871 (Ala. 1999) (quoting Ex parte Graham , 702 So.2d 1215 , 1221 (Ala. 1997) ).”
3 later decisions quote this exact passagee.g. Jones v. Jones · Duerr v. Duerr“"The probate court shall have original jurisdiction over proceedings brought under [this] chapter. If any party whose consent is required fails to consent or is unable to consent, the proceeding will be transferred to the court having jurisdiction over juvenile matters for the limited purpose of termination of parental rights. The provisions of this chapter shall be applicable to proceedings in the court having jurisdiction over juvenile matters."”
2 later decisions 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.