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Lunsford v. Teasley, COA20-436 (April 2021)

All games have rules. If you want to imagine your civil court case as a game, then the Rules of Civil Procedure is the handbook that tells you how to get started playing the game. And if you happen to break the rules, there are consequences. It may seem to be an odd analogy, but the rules in a game are to make things fair and to make them efficient and orderly. Similarly, the Rules of Civil Procedure promotes fairness, efficiency, and order. Below is a case that talks about one of those rules. Continue reading →

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Unpublished Opinion – No. COA19-566

 

Carmen Cousin and Terry Cousin were married for seventeen years.  They separated in May 2016.  Upon separating, Carmen filed a complaint, which included a claim for equitable distribution.  Terry then filed an answer, which included a counterclaim for equitable distribution.  In the final equitable distribution order entered by the court in July 2018, the court assigned a value of $26,070.00 to the parties’ 1965 Lincoln Continental.  The court considered evidence showing the car to be fully restored, thus assigning it that value.  Furthermore, the court awarded Terry the parties’ Myrtle Beach property and ordered him to refinance the mortgage into his sole name before receiving the deed from Carmen.  Terry timely appealed this equitable distribution order.  Continue reading →

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Warren DSS v. Gerrelts, No.COA20-868 (June 2021).

This is an oddity of a case. Civil procedure has an interesting quirk called choice of law. It is an intensely fact-driven area of law that is still being actively researched and written about. Just the mere mention of the Erie Doctrine is probably enough to evoke trauma induced flashbacks to law school for many practicing attorneys. Put simply, since the state courts are courts of general jurisdiction, a state court sometimes has to apply another state’s law. Below is an interesting case about artificial insemination, paternity, and child support arising from a case where there are multiple states involved. Continue reading →

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Handerson v. Wittig, No.COA20-924 (July 2021).

Modifications to child custody orders require a substantial change in circumstances affecting the welfare of the child. The change in circumstance is the gatekeeper. That alone will not amount to modification; the court still needs to determine if the change in circumstance affects the welfare of the child and if modification is in the child’s best interest. We see below that the Court has written about what kind of evidence is insufficient to support a change in circumstance when it fails to link with the welfare of the child. Continue reading →

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Appeals are very technical. In the last blog, we covered the beginning sections of an appellate brief. There is opportunity to fashion a primer for argument with the presentation of facts and issues. However, be forewarned: omissions of bad facts and argumentative spin on the facts is improper and will hurt the credibility of the attorney. Continue reading →

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Appeals are very technical. Last time, we covered the technicalities in a Record on Appeal. Now we address the appellate brief. The Brief is where the case is won or lost. It contains the arguments of counsel on why the appellate court should overturn the court below. As one can imagine, an argument is made in writing is very different from arguments made orally. Over time, the appellate courts have adopted uniform rules on how to present an argument in a brief, which makes things more efficient and consistent. Continue reading →

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Appeals are very technical. A filing with the Court of Appeals can happen after a final judgment, or as an interlocutory appeal—meaning before the final judgment. But in order for the Court of Appeals to properly hear your case, you have to provide them with all the facts. The Court of Appeals is not a fact-finding court; you are bound by the facts that were presented in the trial level, and further bound by the facts that you present to the Court. Those facts are included in the “Record on Appeal.” Continue reading →

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Craven County o/b/o Jessica L. Wooten v. Adel Hageb (No. COA20-442)

 

Defendant Adel Hageb (“Father”) and Plaintiff Jessica L. Wooten (“Mother”) were never married but were involved in a romantic relationship. Mother gave birth to a child in 2016 and another child in 2017. After it was determined that Adel was the biological father of both children, the court consolidated the two child support cases and ordered Father to provide health insurance coverage for both children and pay Mother $2,554.00 per month in child support. Then, on September 9, 2019, the issue of permanent child support came on for hearing.  The court found Father to have a gross income of $19,454.39 per month. Additionally, although two children born of another relationship lived full-time with Father, the court gave Father credit for one child because Father’s name was not listed on the birth certificate of the other child.  Father timely appealed.  Continue reading →

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Graham v. Jones, 270 N.C. App. 674 (2020).

In North Carolina, grandparents have the ability to have their concerns for custody and visitation heard by the courts. Our statutes allow any parent, relative, or other person claiming a right to custody to institute an action for child custody. Grandparents are relatives of the minor child, and thus have standing to file for custody. But the laws surrounding grandparent custody and visitation are extremely nuanced as a result of being developed over many years of case law. Below is one case that summarizes this area of law. Continue reading →

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Divorce rates among couples age 50 and over are on the rise. These so-called “gray divorces” may be a result of many societal factors, including longer life expectancy, increased social mobility and earning potential, and changes in the stigma regarding divorce. Couples often stay in an unhappy marriage for their kids, but once the kids are grown and self-sufficient divorce becomes an option, especially if the aforementioned factors are at play. These gray divorces have implications that may not be present in other divorces. Continue reading →