North Carolina Divorce Lawyers Blog

Articles Tagged with court of appeals

Published on:

By

It isn’t uncommon for at least one party in a divorce, child custody, or support matter to be disappointed with the outcome of the case. Some people may think that filing an appeal is an obvious option to have another shot at a more favorable judgment, but that’s not how it works. When you appeal, the appeals judge will examine the decision made by the lower court to look for possible mistakes, omissions, or misapplications of the law. Continue reading →

Published on:

By

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 →

Published on:

By

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 →

Published on:

By

NC Court of Appeals (No. COA20-545)

 

Grace DiPrima (“Plaintiff”) and Clifton Benjamin Vann, V (“Defendant”) were the best of friends.  Their friendship began in the third grade, and the two stayed friends throughout grade school and beyond.  Plaintiff and Defendant attended The Fletcher School (“Fletcher”), an educational institution for children with learning differences.  Plaintiff and Defendant would contact each other through various means, including text messages, Instagram, phone conversations, etc.  However, by 2018, Plaintiff disclosed to her parents that the relationship had become more volatile.  Plaintiff stated that some of Defendant’s recent actions made her feel uncomfortable.  Between July 2018 and November 2018, Plaintiff and Defendant exchanged messages concerning suicide.  Continue reading →

Published on:

By

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 →