 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
LUCAS v. CITY OF TUSCALOOSA6/26/1996
Crim.P. Rule 28 states, in part:
"(A) Direct appeal to appellate courts.
"(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."
(Emphasis added.)
This court in Ex parte Lord, 667 So.2d 164, 166 (Ala. Cr. App. 1995), in interpreting the above emphasized provision in Rule 28, Ala.R.Juv.P., stated:
"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
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."
(Second emphasis added.)
The record contains no evidence that the appellant waived his right to a jury trial. Thus, jurisdiction does not lie with this court but with the circuit court. This appeal is dismissed and the case is remanded to the Circuit Court for Tuscaloosa County for that court to allow the appellant to proceed with his appeal for a trial de novo as is authorized by Rule 30.1, Ala.R.Crim.P.
MOTION GRANTED; APPEAL DISMISSED; CASE REMANDED.
All the Judges concur.
Page 1 2 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|