# Abernathy v. State Ex Rel. Dunn

> Court of Civil Appeals of Alabama · April 16, 1993 · 627 So. 2d 425

URL: https://www.frixlaw.com/law-library/cases/9937754

## Case

- **Full name:** Jerry Abernathy v. State of Alabama Ex Rel. Dana Abernathy Dunn.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** April 16, 1993
- **Citations:** 627 So. 2d 425; 1993 WL 114491
- **Precedential status:** Published
- **Opinion:** Concurrence by Thigpen
- **Judges:** Robertson, Thigpen
- **Cited by:** 4 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/9937754

## Opinion text

I concur with the majority that the judgment of the trial court should be affirmed; however, I specially concur in order to abate any fear that the parties may be subject to the enforcement of two judgments. The law is clear that when Russell County acquired jurisdiction in this matter, "[i]t had the right to retain jurisdiction to the exclusion of all other state courts having concurrent jurisdiction." Medicom, Inc. v. Shelby County Hospital Board , 348 So.2d 779 , 780 (Ala. 1977). (Emphasis added.) Therefore, the court in Elmore County was without jurisdiction to proceed. A judgment is void if the court rendering it lacked jurisdiction over the person or the subject matter. Nigg v. Smith , 415 So.2d 1082 (Ala. 1982); Harville v. Harville , 568 So.2d 1239 (Ala.Civ.App. 1990).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9937754. Public record. Not legal advice.