With one exception, I concur in the main opinion. The exception is that I maintain *Page 798 my objections to applying the ore tenus rule to cases filed pursuant to this statute. See my dissents in Ex parte Anonymous,808 So.2d 1030 (Ala. 2001); Ex parte Anonymous, 806 So.2d 1269 (Ala. 2001); and Ex parte Anonymous, 803 So.2d 542 (Ala. 2001). Even reviewed under the ore tenus standard, however, the judgment of the trial court is plainly erroneous and manifestly unjust, as the main opinion correctly reasons.