Court of Appeals Affirms Ore Tenus Judgment
In J.W.M. v. Cleburne County Dep’t of Human Resources, No. 2060505 (Ala. Civ. App. Aug. 31, 2007), the Alabama Court of Civil Appeals affirmed a juvenile court judgment that terminated the appellant’s parental rights. The judgment was based on an ore tenus hearing. In affirming the judgment, the court of appeals described the standard of review for a judgment based on ore tenus proceedings. “In reviewing a judgment based on ore tenus proceedings, a trial court’s findings of fact will not be disturbed ‘unless those findings are plainly and palpably wrong and are not supported by the evidence.’ However, ‘the ore tenus rule does not extend to cloak a trial judge’s conclusions of law, or incorrect application of law to the facts.’ (citations omitted) ‘The appellate courts do not sit in judgment of the facts, and [they] review the factfinder’s determination of facts only to the extent of determining whether it is sufficiently supported by the evidence, that question being one of law.’”
