# Wild v. Wild

> Court of Civil Appeals of Alabama · April 28, 2006 · 940 So. 2d 1037

URL: https://www.frixlaw.com/law-library/cases/9936228

## Case

- **Full name:** Carol Wild v. John Irving Wild.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** April 28, 2006
- **Citations:** 940 So. 2d 1037; 2006 WL 1120653
- **Precedential status:** Published
- **Opinion:** Concurrence by Crawley
- **Judges:** Bryan, Crawley, Pittman
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9936228

## Opinion text

I concur specially with the main opinion to note that § 26-2A-102 , Ala. Code 1975, provides, among other things, that notice shall be given for a hearing on the issue of incapacity. § 26-2A-102 (b), Ala. Code 1975. Additionally, as the wife observed in her brief to this court, the statute mandates:
"A person alleged to be incapacitated is entitled to be present at the hearing in person. The person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including *Page 1041
the court-appointed physician or other qualified person and any court representative, and upon demand to trial by jury as provided in Section 26-2A-35 . . . ."
§ 26-2A-102 (c), Ala. Code 1975.
Because the trial court did not follow the mandatory Alabama statutory requirements, I concur specially.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9936228. Public record. Not legal advice.