Judicial Notice: Tabyshaliev V. Tabyshaliev


Tabyshaliev v. Tabyshaliev, [Ms. 2160811, Mar. 2, 2018] __ So. 3d __ (Ala. Civ. App. 2018). This decision by Judge Thomas (Thompson, P.J. and Pittman, J., concur; Moore and Donaldson, JJ., concur in the result) affirms in part and reverses in part a judgment of the Covington Circuit Court divorcing the parties.

The wife referred in her pleadings to having custody of the children based on a Protection From Abuse [PFA] order. Ms. *6. The court affirmed the trial court having taken judicial notice of the PFA order noting that “‘where a party refers to such other proceeding or judgment in its pleadings for any purpose, the court, ... may and should take judicial notice of the entire proceeding insofar as it is relevant to the question of law presented.’” Ibid., quoting Butler v. Olshan, 280 Ala. 181, 187-88, 191 So. 2d 7, 13 (1966). The court also held that “[w]hen a case before the same court is referred to in a motion to dismiss, a trial court is authorized and required to take judicial notice of the mentioned proceedings.” Ibid., citing Slepian v. Slepian, 355 So. 2d 714, 716 (Ala. Civ. App. 1977).

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