
    Ex parte Jennifer Ann VEST (Herron). (In re Jennifer Ann Vest (Herron) v. David Jeremy Vest).
    1120769.
    Supreme Court of Alabama.
    May 10, 2013.
    Jacqueline E. Austin and J. Pratt Austin-Trucks of Law Offices of Jacqueline E. Austin, Wetumpka, for petitioner.
    Submitted on petitioner’s brief only.
    
      
       Justice Bryan was a member of the Court of Civil Appeals when that court considered this case.
    
   BOLIN, Justice.

WRIT DENIED. NO OPINION.

MOORE, C.J., and STUART and MAIN, JJ., concur.

MURDOCK, J., concurs specially.

BRYAN, J., recuses himself.

MURDOCK, Justice

(concurring specially).

I question the conclusion reached by the Court of Civil Appeals in its opinion on remand from this Court that the mother in a post-divorce proceeding had waived her affirmative defense arising under Ala.Code 1975, § 6-5-440, by failing to assert that defense in a motion to dismiss or to transfer filed in that proceeding. Ex parte Vest, 130 So.3d 574 (Ala.Civ.App.2013). Because this waiver issue is not presented in the petition for certiorari review now before this Court, however, I concur in denying that petition.  