
    Kristina Lynn CAGLE v. Robert Cameron CAGLE and Carol Denise Cagle.
    2110118.
    Court of Civil Appeals of Alabama.
    July 27, 2012.
    Michelle D. Mauldin, Haleyville, for appellant.
    Rodney Dickinson, Double Springs, for appellees.
   BRYAN, Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P.; Gonzalez v. Blue Cross/Blue Shield of Alabama, 760 So.2d 878, 883 (Ala.Civ.App.2000).

THOMPSON, P.J., and PITTMAN and THOMAS, JJ., concur.

MOORE, J., dissents, with writing.

MOORE, Judge,

dissenting.

I respectfully dissent from the main opinion’s affirmance of the trial court’s judgment.

Kristina Lynn Cagle (“the mother”) appeals from a judgment divorcing her from Robert Cameron Cagle to the extent that it awarded custody of the parties’ children to the intervenor, Carol Denise Cagle, the children’s paternal grandmother. I conclude that the mother’s argument in her brief is sufficient to place the issue of the sufficiency of the evidence before this court, and I agree with the mother that there was not clear and convincing evidence that the mother was unfit or unsuited for custody so as to support an award of custody to a nonparent. Serio v. Serio, 3 So.3d 937, 938-39 (Ala.Civ.App.2008). Therefore, I would reverse the trial court’s judgment and remand the cause for further proceedings.  