Subject Matter Jurisdiction: Paulk v. Paulk


Paulk v. Paulk, [Ms. 2160481, Sept. 29, 2017] __ So. 3d __ (Ala. Civ. App. 2017). This unanimous decision by Judge Moore (Thompson, P.J., and Pittman, Thomas, and Donaldson, JJ., concur) holds that an order on remand entered by a retired circuit judge who is not lawfully appointed as a temporary judge is void. The court in a previous appeal had reversed and remanded with instructions to enter an order calculating the amounts the parties owed for the children’s activities fees, books, and uniforms associated with their attendance at a prep school. Judge Banks, who retired effective December 31, 2015, had entered an order on remand subsequent to his retirement. The court held that an order entered by a retired judge, who was not appointed a temporary circuit judge pursuant to either § 12-1-14, Ala. Code 1975, or § 12-1-14.1, Ala. Code 1975, was void. Ms. *4. The court dismisses the mother’s appeal from that order because a void judgment will not support an appeal. Ms. *5.

Share To: