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Terms Used In Alabama Code 26-10E-25

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • following: means next after. See Alabama Code 1-1-1
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(1) For the purposes of this chapter, a “final judgment” is a judgment in which one of the following is true:

a. The court adjudicates whether an express consent or relinquishment has been withdrawn pursuant to Section 26-10E-14.
b. The court adjudicates a contest to an adoption pursuant to Section 26-10E-3 or Section 26-10E-23.
c. A juvenile court terminates the parental rights of a parent to the adoptee pursuant to Section 26-10E-3 and Section 26-10E-23(d).
d. The court grants or denies the petition for adoption.
(2) A final judgment under this chapter shall be entered in accordance with Rule 58 of the Alabama Rules of Civil Procedure.
(b) A party may file a post judgment motion challenging any final judgment entered under this chapter. Any post judgment motion must be filed within 14 days of the entry of final judgment and no post judgment motion may remain pending for more than 14 days, at which time it shall be deemed denied by operation of law.
(c) A party may appeal any final judgment entered by a court under this chapter. An appeal may be made to the Alabama Court of Civil Appeals by the proper filing of a notice of appeal with the clerk of the court entering the final judgment within 14 days of the entry of the final judgment, subject to Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and Rule 77(d) of the Alabama Rules of Civil Procedure.
(d) An appeal from any judgment of adoption entered under this chapter shall have priority in all courts and shall have precedence over all other matters, except for other matters that have been given priority by specific statutory provision or rule of court. All appeals shall comply with the Alabama Rules of Appellate Procedure.
(e) The court from which the appeal is taken shall enter an order concerning the custody of the adoptee pending appeal. Once the certificate of judgment has been issued by the appellate court, the custody of the adoptee shall remain subject to the custody determination made by the court unless vacated or modified by the appellate court on appeal or unless vacated or modified by the court that made the determination or the court that assumed jurisdiction over the custody of the adoptee pursuant to Section 26-10E-24.
(f) A final judgment of adoption may not be collaterally attacked more than one year after the entry of final judgment of adoption, except for in the following situations:

(1) Fraud relating to the adoption proceedings.
(2) The adoptee has been kidnapped.
(3) An adoptive parent subsequent to the final judgment of adoption has been convicted of a sexual offense, as provided in Section 15-20A-5, involving the adoptee.
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