In North Carolina, parties to a case may be able to file an appeal if they believe the trial court made a mistake of law or legal procedure.[1] Appeals courts analyze decisions by the trial courts to determine if the law was applied appropriately and to ensure there were no conduct errors. There are a few potential rulings that the appeals court can make. Continue reading →
If you have an active or pending family law case, you have likely heard many terms that you’re not familiar with. The complexity of North Carolina laws can make family law proceedings difficult to navigate, especially when you aren’t fluent in legalese. If your case has already been through a preliminary hearing or has temporary order in place, you may have heard the word interlocutory.
Outside of the legal world, this is not a common word, so it’s understandable if you have questions about what it means for your pending case. Continue reading →
Plaintiff Nigel Williams (“Father”) and Defendant Latoria Johnson (“Mother”) were married on May 1, 2015. Father and Mother had one child born February 17, 2016. Father and Mother then separated on April 30, 2016. On January 17, 2017, Father filed a complaint for child custody. On April 28, 2017, a custody order was entered granting joint legal custody of the minor child to Father and Mother, primary physical custody to Mother, and secondary physical custody by visitation to Father.
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 →
North Carolina Divorce Lawyers Blog