Can a North Carolina Court Enter Orders After a Party Appeals?

When trial courts enter orders in family law matters, such as alimony orders or equitable distribution orders, either party may appeal as long as they meet the requirements. There are various stipulations, such as rules about appealing interlocutory or temporary orders, but the general rule is that orders entered by trial courts are appealable if done at the right time.

Once an appeal has been filed and noted, can the court that entered the appealed order issue other orders in the same matter?

Crowell v. Crowell

The Crowell case involves a detailed background that involves appeals to the North Carolina Supreme Court, but the most recent appeal is by Wife from trial court orders regarding a distributive award and an injunction.

Background

Previously, the trial court entered an order granting equitable distribution, with Wife receiving three real properties that were her separate property, along with the corresponding debt. The court also found that Husband would end up with more debt than property and that Wife would have to liquidate her property to pay a distributive award, as neither party had liquid marital assets remaining. Wife was ordered to sell two of her three separate properties to satisfy Husband’s distributive award. She appealed.

The case was ultimately appealed to the state’s Supreme Court, which ruled that the trial court could not order Wife to liquidate her separate property when distributing marital property or debt.

Most Recent Appeals by Wife

On remand, the trial court issued an amended equitable distribution order concluding that Wife had the ability to pay the distributive award and ordering her to pay $816,794 to Husband in periodic lump sums. Wife appealed.

After Wife appealed this order, Husband filed a motion to enjoin Wife from hiding or disposing of property. The trial court granted Husband’s motion and stated, among other things, that Wife had sold one of the properties yet had not paid Husband any portion of his distributive award. The lower court entered an injunction prohibiting Wife or anyone acting on her behalf from liquidating or transfering property. Wife appealed.

She made numerous arguments, one of which was that the trial court did not have jurisdiction to enter the injunction while her previous appeal was pending. The Court of Appeals noted that when an appeal is perfected, it stops all further proceedings in the lower court, although the court may proceed on matters that are not affected by the appealed judgment.

Because Wife’s real property was affected by the injunction, the injunction concerned issues related to her appealed order. The Court of Appeals determined that the trial court did not have jurisdiction to enter the injunction, and the order was vacated.