Ala. Code
Code of Alabama

Ala. Code § 26-17-20 (2026)

Appeals.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.

(Acts 1984, No. 84-244, p. 375, §20; Acts 1997, No. 97-447, p. 772, §11.)

Notes of Decisions
Cited in 33 cases, 1986–2008 · leading case: J.H.B. v. S.E.B., 668 So. 2d 15 (Ala. Civ. App. 1994).
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J.H.B. v. S.E.B., 668 So. 2d 15 (Ala. Civ. App. 1994). · cites it 4× “On August 4, 1993, the husband filed a notice of appeal to the Circuit Court of Bibb County, pursuant to § 26-17-20, Ala.Code 1975, requesting a de novo jury trial.”
C.L.D. v. D.D., 575 So. 2d 1140 (Ala. Civ. App. 1991). · cites it 5× “§ 26-17-20. We must now determine if there is a “final judgment” from which an appeal can be taken.”
D.D. v. C.L.D., 600 So. 2d 265 (Ala. Civ. App. 1991). · cites it 3× “I stated in the original appeal of this matter that, while an AUPA action and a divorce action may be joined, appellate review would be different because of the right to a jury trial on appeal as provided by § 26-17-20(a), Code 1975. C.L.D. v. D.D., 575 So.”
State ex rel. B.G. v. J.F.P., 721 So. 2d 213 (Ala. Civ. App. 1998). · cites it 6× “appealed the Family Court Division’s paternity adjudication to the Circuit Court of Montgomery County, Civil Division, pursuant to § 26-17-20, Ala.Code 1975, which provides in part: “The State of Alabama, the person on the relation of whom the action is brought or the defendant…”
L.F.B. v. K.M.M. ex rel. Sarris, 599 So. 2d 1179 (Ala. 1992). · cites it 2× “Ala. Code 1975, § 26-17-20. However, the fact that Alabama’s legislature has created this right to jury trial in paternity cases does not in itself signify that paternity actions are legal in nature.”
Harris v. Mitchell, 958 So. 2d 884 (Ala. Civ. App. 2006). “NOTES [1] Because the paternity action filed on behalf of Crystal was commenced before July 1, 1997, when the Alabama Legislature amended § 26-17-20(b), Ala.Code 1975, to eliminate the right to a jury trial in paternity actions, Harris's demand for a jury trial, which the trial…”
B.T.D. v. T.L.C.H., 585 So. 2d 96 (Ala. Civ. App. 1991). · cites it 3× “The appeal in this case was timely filed as provided by § 26-17-20 and Rule 28(C), Alabama Rules of Juvenile Procedure, but because there is no waiver of the right to a jury trial in the record, the appeal is brought in the wrong court.”
R.M. v. J.D.C., 925 So. 2d 970 (Ala. Civ. App. 2005). “appealed, pursuant to § 26-17-20, Ala.Code 1975, and Rule 28, Ala.”
T.G. v. Etowah Cnty. Dep't of Human Resources, 937 So. 2d 523 (Ala. Civ. App. 2005). “See § 26-17-20(b), Ala. Code 1975; Rule 1(B), Ala.”
G.C. v. J.G., 961 So. 2d 178 (Ala. Civ. App. 2007). · cites it 3× “See Ala.Code 1975, § 26-17-20(a). It is well settled that “[a] trial de novo, within the common acceptation of that term, means that the case shall be tried in the Circuit Court as if it had not been tried before.”
Dd v. CLD, 600 So. 2d 265 (Ala. Civ. App. 1992). · cites it 3× “I stated in the original appeal of this matter that, while an AUPA action and a divorce action may be joined, appellate review would be different because of the right to a jury trial on appeal as provided by § 26-17-20(a), Code 1975. C.L.D. v. D.D., 575 So.”
State ex rel. S.N. v. W.Y., 605 So. 2d 1175 (Ala. 1992). “Code *1178 1975, § 26-17-20. He concluded, therefore, that she was barred from participation in the action in the circuit court.”
Show all 33 citing cases →
Ala. Code § 26-17-20(a): 12 cases
D.D. v. C.L.D., 600 So. 2d 265 (Ala. Civ. App. 1991). “I stated in the original appeal of this matter that, while an AUPA action and a divorce action may be joined, appellate review would be different because of the right to a jury trial on appeal as provided by § 26-17-20(a), Code 1975. C.L.D. v. D.D., 575 So.”
J.H.B. v. S.E.B., 668 So. 2d 15 (Ala. Civ. App. 1994). “On August 4, 1993, the husband filed a notice of appeal to the Circuit Court of Bibb County, pursuant to § 26-17-20, Ala.Code 1975, requesting a de novo jury trial.”
State ex rel. B.G. v. J.F.P., 721 So. 2d 213 (Ala. Civ. App. 1998). “appealed the Family Court Division’s paternity adjudication to the Circuit Court of Montgomery County, Civil Division, pursuant to § 26-17-20, Ala.Code 1975, which provides in part: “The State of Alabama, the person on the relation of whom the action is brought or the defendant…”
C.L.D. v. D.D., 575 So. 2d 1140 (Ala. Civ. App. 1991). “§ 26-17-20. We must now determine if there is a “final judgment” from which an appeal can be taken.”
G.C. v. J.G., 961 So. 2d 178 (Ala. Civ. App. 2007). “See Ala.Code 1975, § 26-17-20(a). It is well settled that “[a] trial de novo, within the common acceptation of that term, means that the case shall be tried in the Circuit Court as if it had not been tried before.”
Ala. Code § 26-17-20(b): 14 cases
Harris v. Mitchell, 958 So. 2d 884 (Ala. Civ. App. 2006). “NOTES [1] Because the paternity action filed on behalf of Crystal was commenced before July 1, 1997, when the Alabama Legislature amended § 26-17-20(b), Ala.Code 1975, to eliminate the right to a jury trial in paternity actions, Harris's demand for a jury trial, which the trial…”
T.G. v. Etowah Cnty. Dep't of Human Resources, 937 So. 2d 523 (Ala. Civ. App. 2005). “See § 26-17-20(b), Ala. Code 1975; Rule 1(B), Ala.”
State ex rel. O.E.G. v. H.W., 770 So. 2d 1087 (Ala. 2000).
H.E.T. v. State ex rel. C.D.L., 883 So. 2d 706 (Ala. Civ. App. 2003).
C.L.D. v. D.D., 575 So. 2d 1140 (Ala. Civ. App. 1991). “§ 26-17-20. We must now determine if there is a “final judgment” from which an appeal can be taken.”
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