Jump To

Top Caption Combined Opinion

Support FLP

CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.

Please become a member today.

Join Free.law Now

March 27, 2026 Get Citation Alerts Download PDF Add Note

Carolyn Glenn v. Alisa J. Caldwell and Bonita J. Caldwell, as personal representatives of the Estate of Bonnie Quinton Caldwell, Jr., deceased; and Dorothy J. Caldwell

Supreme Court of Alabama

• Citations: None known
• Docket Number: SC-2025-0494

• Judges: Bryan, J.

• Opinion

• Authorities (14)

• Cited By (0)

• Summaries (0)

• Similar Cases (25.7K)

• PDF

Combined Opinion

Rel: March 27, 2026

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern
Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts,
300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other
errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA
OCTOBER TERM, 2025-2026

---

SC-2025-0494

---

Carolyn Glenn

v.

Alisa J. Caldwell and Bonita J. Caldwell, as personal
representatives of the Estate of Bonnie Quinton Caldwell, Jr.,
deceased; and Dorothy J. Caldwell

Appeal from Tallapoosa Circuit Court
(CV-24-31)

BRYAN, Justice.

Carolyn Glenn appeals from an April 30, 2025, judgment of the

Tallapoosa Circuit Court. For the reasons explained below, we reverse

the circuit court's judgment and remand this cause with instructions for
SC-2025-0494

the circuit court to enter a judgment dismissing the action for a lack of

subject-matter jurisdiction.

Background

Bonnie Quinton Caldwell, Jr. ("Bonnie"), is deceased and lived in

Tallapoosa County at the time of his death. Alisa J. Caldwell ("Alisa")

and Bonita J. Caldwell ("Bonita") are Bonnie's daughters, and Dorothy J.

Caldwell ("Dorothy") was Bonnie's wife.

Acting pro se, Glenn commenced this action in the Tallapoosa

Circuit Court in June 2024. Glenn styled her complaint as a "motion to

contest the will, petition for equitable adoption by estoppel and petition

to continue as administrator of the estate of Bonnie Caldwell that was

administered in Montgomery Probate Court."

It appears from the record that, in 2024, the Montgomery Probate

Court issued letters of administration on Bonnie's estate to Glenn, but

Dorothy thereafter filed a motion in that court seeking to revoke the

letters of administration and to terminate the estate proceedings. It

appears that the Montgomery Probate Court then transferred the action

to the Tallapoosa Probate Court. The Tallapoosa Probate Court

apparently entered an order admitting a document purporting to be

2
SC-2025-0494

Bonnie's will to probate and granting letters testamentary to Alisa and

Bonita in March 2024; Alisa and Bonita, as the personal representatives

of Bonnie's estate, and Dorothy, as Bonnie's surviving spouse, are

referred to collectively as "the proponents." In April 2024, the Tallapoosa

Probate Court apparently entered a separate order revoking the letters

of administration issued to Glenn by the Montgomery Probate Court.1

Glenn commenced this action in the Tallapoosa Circuit Court in June

2024.

The precise nature of Glenn's pro se complaint in the circuit court

is somewhat unclear, but, from all that appears to this Court, Glenn was

1The record on appeal contains copies of the court records described

in this paragraph, which were produced by the proponents, but the copies
are not certified copies. However, there appears to be no dispute
regarding their authenticity. See Poff v. Hayes, 763 So. 2d 234, 240 n.3
(Ala. 2000)(referencing affidavit testimony and reasoning as follows:
" 'The best evidence of a judicial proceeding is the record itself, or a copy
where copies are admissible or must be used as proof of such records.'
Kroger Co. v. Puckett, 351 So. 2d 582, 587 (Ala. Civ. App. 1977); see also
Abingdon Mills v. Grogan, 167 Ala. 146, 153-54, 52 So. 596, 599 (1910);
Rule 1005, Ala. R. Evid.; Rule 44, Ala. R. Civ. P.; and Charles W. Gamble,
McElroy's Alabama Evidence, § 229.02(3)(5th ed. 1996). The record,
however, shows that Poff never challenged the admissibility of this
evidence; therefore, the evidence was properly admitted, Kroger Co., 351
So. 2d at 588, and we may consider it.").

3
SC-2025-0494

attempting to commence a will contest in the circuit court pursuant to §

43-8-199, Ala. Code 1975, which provides:

"Any person interested in any will who has not contested
the same under the provisions of [Ala. Code 1975, Title 42,
Chapter 8, Article 7], may, at any time within the six months
after the admission of such will to probate in this state,
contest the validity of the same by filing a complaint in the
circuit court in the county in which such will was probated."2

In the circuit court, Glenn argued that she is Bonnie's biological

daughter or, alternatively, that she should be regarded as Bonnie's heir

pursuant to the doctrine of equitable adoption or adoption by estoppel.3

By asserting those allegations, it appears that Glenn may have been

attempting to demonstrate that she is a "person interested" in Bonnie's

purported will within the meaning of § 43-8-199. See Stevens v. Gary,

565 So. 2d 73, 74 (Ala. 1990)("Under … § 43-8-199, an action to contest a

2The conclusion that Glenn was attempting to commence a will
contest is bolstered by the fact that, on appeal, one of Glenn's arguments
is directed toward the circuit court's failure to determine the existence of
a will. See Glenn's brief at 24-25. The proponents also note on appeal
that Glenn "couched her original filing in the Tallapoosa … Circuit Court
as a 'will contest' …." Proponents' brief at 27.
3See C.E.G. v. A.L.A., 194 So. 3d 950, 959 (Ala. Civ. App. 2015)("An

'equitable adoption' or 'adoption by estoppel' is a rare judicial recognition
of a parent-child relationship for the purpose of avoiding an unfair result,
typically from the application of intestacy statutes. C.H.H. v. R.H., 696
So. 2d 1076, 1078 (Ala. Civ. App. 1996).").
4
SC-2025-0494

will can be brought only by a person interested in the will or by any

person who, had the testator died intestate, would have shared in the

estate.").

In November 2024, Glenn filed a motion that, among other things,

requested that the circuit court order that a DNA test be conducted.

After conducting a hearing, the circuit court entered an order on January

8, 2025, that stated, in relevant part:

"It is [Glenn's] burden … to provide proof of relation in
this matter as she brought this action before the court. The
court is not inclined to grant [Glenn]'s oral request to have the
[proponents] submit to a DNA test[. H]owever, [Glenn] may
provide proof to the court that her presumed father is not her
biological father through DNA testing. The DNA testing must
be done through a laboratory with certified professionals[,] …
and the results submitted directly to [the circuit-court clerk].
The submission of a home DNA test will not be accepted."

After conducting a status conference, at which it heard oral

argument from Glenn and granted an oral motion to dismiss asserted by

the proponents, the circuit court entered a written order on April 30,

2025, stating: "This case is dismissed as [Glenn] has failed to provide

proof of relationship as required by the court." Thereafter, Glenn

appealed to the Court of Civil Appeals, and that court transferred the

5
SC-2025-0494

appeal to this Court after concluding that it did not have appellate

jurisdiction.

Analysis

As explained above, Glenn's chosen vehicle for the present action

appears to have been an original will contest initiated in the circuit court

pursuant to § 43-8-199 after Bonnie's purported will had already been

admitted to probate. This Court has explained:

" ' "In Alabama, a will may be contested in two ways: (1) under
§ 43-8-190, Ala. Code 1975, before probate, the contest may be
instituted in the probate court or (2) under § 43-8-199, Ala.
Code 1975, after probate and within six months thereof, a
contest may be instituted by filing a complaint in the circuit
court of the county in which the will was probated." ' Bond v.
Pylant, 3 So. 3d 852, 854 (Ala. 2008)(quoting Stevens v. Gary,
565 So. 2d 73, 74 (Ala. 1990)(emphasis added))."

Daniel v. Moye, 224 So. 3d 115, 131 (Ala. 2016).

However, in 2022, the legislature enacted Act No. 2022-427, Ala.

Acts 2022, which adopted a new Division of the Alabama Probate Code,

now codified at Division 4, Article 7, Chapter 8 of Title 43 ("Division 4").

See § 43-8-210 et seq., Ala. Code 1975. According to its title, Act No.

6
SC-2025-0494

2022-427 was enacted to, among other things "specify that probate courts

have jurisdiction for will contests."4

In relevant part, Division 4 applies to "[w]ills filed for probate on or

after January 1, 2023." § 43-8-210(a)(1), Ala. Code 1975. Additionally, §

43-8-210(b) specifies, in pertinent part, that §§ 43-8-190 and 43-8-199

"shall not apply to" "[w]ills filed for probate on or after January 1, 2023."

Section 43-8-210(c) states: "If any provision of this division conflicts with

any provision of Chapter 13 of Title 12; Division 3, Article 7, Chapter 8

of Title 43; or any other provision of law, the provision of this division

prevails."

4Commentary has suggested that

"[t]he overall impression is that threats of contests are often
made but few are actually filed. However, the recent 2022 act
concerning will contest procedures and the legislative push for
its passage likely reflects that the circuit courts and Alabama
Supreme Court were handling more will contest matters. …
Prior to the 2022 act, the contestant was required to usually
file in circuit court, which was more expensive and
complicated. The 2022 act now places original and general
jurisdiction of will contests in the probate court where the will
was offered for probate."

See Hugh M. Lee, Jennifer Marshall Roden & Gaines B. Brake, Alabama
Elder Law § 26:86 (2023).
7
SC-2025-0494

As explained above, it appears undisputed that the Tallapoosa

Probate Court admitted Bonnie's purported will to probate in March

1. Therefore, the provisions of Division 4 apply to Bonnie's purported

will. See § 43-8-210(a)(1).

Section 43-8-213, Ala. Code 1975, a part of Division 4, provides for

the jurisdiction of probate courts as follows:

"To the full extent permitted by the Constitution of
Alabama of 2022 both of the following apply:

"(1) The probate court has jurisdiction over
all matters set forth in Section 12-13-1[, Ala. Code
1975].

"(2) The probate court where a will is offered
for probate has original and general jurisdiction
over the contest of the validity of the will in
accordance with Section 43-8-215, [Ala. Code
1975,] unless the proceeding has been removed to
the circuit court under Section 43-8-216[, Ala.
Code 1975,] and is then pending in the circuit
court, in which case jurisdiction will lie with the
circuit court until the proceeding is remanded in
accordance with Section 43-8-216."

(Emphasis added.)

Section 43-8-215, Ala. Code 1975, provides, in relevant part:

"(a) A will, before the probate thereof or at any time
within 180 days after the admission of such will to probate,
may be contested by any interested person by filing in the
court where it is offered for probate, or if the proceedings in
8
SC-2025-0494

that court have been removed to the circuit court in
accordance with Section 43-8-216[, Ala. Code 1975,] and is
then pending in the circuit court, then in the circuit court to
which the proceeding has been removed, allegations in
writing that the will was not duly executed, or of the
unsoundness of mind of the testator, or of any other valid
objections thereto; and thereupon an issue must be made up,
under the direction of the court, between the person who made
or is making the application for the probate of the will, as
plaintiff, and the person contesting the validity of the will, as
defendant; and the issue, on application of either party, must
be tried by a jury.

"….

"(d) Except for proceedings pending in a probate court in
a county where the probate court or judge exercises equity
jurisdiction concurrent with that of the circuit court by virtue
of a provision of the Constitution of Alabama of 2022, specific
to the county, a local act, or a statute specific to the county,[5]
then, pursuant to Section 43-8-216, any party to the will
contest may remove the will contest from the probate court to
the circuit court, provided the removal occurs no later than 42
days before the first setting of the contest for trial unless leave
of the probate court is obtained based on a showing of good
cause."

(Emphasis added.)

Thus, under the new procedure set forth in § 43-8-215, will contests

are to be filed in the relevant probate court -- even after the will at issue

5See Segrest v. Segrest, 328 So. 3d 256, 267 n.7 (Ala. 2020); and id.

at 269 n.8 (providing a list of probate courts with concurrent equity
jurisdiction).

9
SC-2025-0494

has been admitted to probate -- unless the probate proceedings have been

"removed" to the circuit court pursuant to § 43-8-216, Ala. Code 1975.

Moreover, under the procedure set forth in § 43-8-215(d), a will contest

that has been initiated in a probate court can then be "remove[d]" to the

circuit court under certain circumstances.

In the present case, there is no indication that Glenn sought to

"remove" any probate proceeding originally commenced in the Tallapoosa

Probate Court from that court to the circuit court. Instead, as explained

above, it appears that Glenn was attempting to initiate an original will

contest in the circuit court pursuant to § 43-8-199.

However, because Bonnie's purported will was admitted to probate

in March 2024, the provisions of Division 4 apply to Bonnie's purported

will, and, pursuant to § 43-8-213(2), "[t]he probate court where a will is

offered for probate has original and general jurisdiction over the contest

of the validity of the will in accordance with Section 43-8-215 …."

This Court has explained that,

"[i]n a will contest, the subject-matter jurisdiction of
both the probate court and the circuit court is statutory and
limited. Kaller v. Rigdon, 480 So. 2d 536, 539 (Ala. 1985). In
a long line of cases, this Court has held that strict compliance
with the statutory language pertaining to a will contest is
required to invoke the jurisdiction of the appropriate court."
10
SC-2025-0494

Jones v. Brewster, 282 So. 3d 854, 858 (Ala. 2019).

In the present case, no party has raised the applicability of Division

4 and its impact on the circuit court's subject-matter jurisdiction to

consider Glenn's will contest originally commenced in that court.

However,

" ' "[a]lthough [no] party raises a question before this
Court regarding the circuit court's subject-matter jurisdiction
to consider the [Glenn's] will contest, the absence of subject-
matter jurisdiction cannot be waived, and it is the duty of an
appellate court to notice the absence of subject-matter
jurisdiction ex mero motu. See MPQ, Inc. v. Birmingham
Realty Co., 78 So. 3d 391, 393 (Ala. 2011)." ' "

Jones, 282 So. 3d at 856 (citations omitted).

Based on the foregoing, we conclude that the circuit court lacked

subject-matter jurisdiction to consider Glenn's will contest. " 'Lacking

subject matter jurisdiction [a court] may take no action other than to

exercise its power to dismiss the action. ... Any other action taken by a

court lacking subject matter jurisdiction is null and void.' " State v.

Property at 2018 Rainbow Drive, 740 So. 2d 1025, 1029 (Ala.

1999)(quoting Beach v. Director of Revenue, 934 S.W.2d 315, 318 (Mo.

Ct. App. 1996)).

11
SC-2025-0494

As explained above, the circuit court did enter a judgment

dismissing Glenn's complaint in this action. However, the apparent basis

for the circuit court's dismissal was Glenn's failure to prosecute or to

comply with the circuit court's previous order, which, under the

circumstances presented here, may be regarded as an adjudication on the

merits. See Washington Mut. Bank, F.A. v. Campbell, 24 So. 3d 435, 440

(Ala. 2009). By contrast, "[a] dismissal for lack of subject-matter

jurisdiction does not operate as an adjudication on the merits." Ex parte

Stewart, 985 So. 2d 404, 409 (Ala. 2007).

Accordingly, to clarify the proper basis for the dismissal of this

action, we reverse the circuit court's April 30, 2025, judgment and

remand this cause with instructions to the circuit court to enter a

judgment dismissing this action for a lack of subject-matter jurisdiction.

In so doing, however, we express no opinion regarding Glenn's ability to

bring a will contest in the Tallapoosa Probate Court.

Finally, we also note that the proponents have filed a motion in this

Court requesting an award of attorney fees on appeal. We deny that

motion by separate order.

REVERSED AND REMANDED WITH INSTRUCTIONS.

12
SC-2025-0494

Stewart, C.J., and Shaw, Wise, Mendheim, Cook, McCool, and

Parker, JJ., concur.

Sellers, J., concurs in the result.

13