Articles Tagged with appellate

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When requesting a modification to spousal support, the requesting party must show that there has been a substantial change in circumstances to warrant an adjustment. A spouse paying support may believe that a decrease in their income is sufficient to establish a change in circumstances, but do North Carolina courts agree? Continue reading →

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Shebalin v. Shebalin, 2022-NCCOA-410.

Facts:

This appeal arose from the appointment of a parenting coordinator. Parenting coordinators are often appointed to child custody cases when the parents absolutely cannot get along. Plaintiff and Defendant had a minor child together who was at the center of their custody dispute. The trial court’s finding was that the case had become “high conflict” and thus a parenting coordinator was appointed for a term of years. In 2019, Defendant filed a motion to appoint again and was met with a motion to dismiss. At the hearing on these motions in 2020, the trial court again labeled the case high conflict, denied the motion to dismiss, and then set out a future date for the appointment of a coordinator. Continue reading →

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https://www.nccourts.gov/news/tag/general-news/supreme-court-amends-the-rules-of-appellate-procedure

On October 13, 2021, the North Carolina Supreme Court adopted amendments to the Rules of Appellate Procedure. These changes will be in effect for appeals taken on or after January 1, 2022. A few of these amendments were directly caused by the ongoing Covid-19 pandemic, and some were accelerated by it. Below are some major changes that will take effect. 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 →