Family Law Section

Recent Cases of Interest

Posted 11/7/03

• SEMON V. SEMON: Trial court's order confirming arbitration award affirmed. For reasons that are not clear, Court of Appeals decides the case pursuant to the Uniform Arbitration Act, instead of the Family Law Arbitration Act.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/030045-1.htm

• SENNER V. SENNER: Temporary child custody order did not become a permanent order even though twenty months had passed; thus, a subsequent order was properly determined on a "best interest" basis. In concurrence, Judge Calabria holds that under precedent, the passage of twenty months converted temporary order into permanent order.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/021427-1.htm

UNPUBLISHED

• ALLEY V. ALLEY: Equitable distribution judgment reversed in part: issues include (1) consideration of interim distribution order in final equitable distribution; (2) sufficiency of findings for business valuation methodology; (3) burden of proof on marital and separate debts
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/020594-1.htm

• CHAPMAN V. CHAPMAN: Modification of child support, denial of modification of alimony, and award of attorney's fees for child support affirmed. http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/021293-1.htm

• DOLLAR V. DOLLAR: Trial court's unequal distribution was adequately supported by findings of fact; it was not fatal that trial court did not cite the specific provisions of 50-20(c) in its order.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/021406-1.htm

• IN RE RIGGSBEE: Order adjudicating child a neglected juvenile affirmed upon findings of exposure of the child to alcohol and drug abuse and domestic violence in the home.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/021654-1.htm

ALSO OF INTEREST:

• BROUGHTON V. MCCLATCHY NEWSPAPERS, INC.: Newspaper reporting on divorce litigation based on public records and ordinary journalism techniques was not invasion of privacy, among other claims. http://www.aoc.state.nc.us/www/public/coa/opinions/2003/021034-1.htm

Posted 10/20/03

• IN RE ORE: TPR on the grounds of neglect affirmed.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/030073-1.htm

• MOORE V. MOORE: Before trial court can suspend all visitation with child, trial court must find that the parent is unfit by clear, cogent, and convincing evidence.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/030073-1.htm

• TIBER HOLDING CO. V. DILORETO: On the facts of this case, Husband's transfer of property to himself and Wife as tenants by the entirety did not constitute a fraudulent conveyance as against third-party creditors.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/021389-1.htm

UNPUBLISHED:

• AITON V. LENG I: Trial court's denial of motion to dismiss appeal was not abuse of discretion even though appellant had not timely producing a transcript or moving for an extension of time.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/021339-1.htm

• AITON V. LENG II: ED judgment consisting of trial court's unsigned, handwritten "scratch notes" attached to the judgment in lieu of findings of fact was reversed for failure to assign values to marital property.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/021339-1.htm

• BLACK V. BLACK: In a complex UIFSA case involving multiple orders and interstate enforcement of arrearages, defendant finally attempted to straighten out matters by means of a Rule 60(b) motion. Held: Trial court's denial of his motion was not an abuse of discretion.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/021441-1.htm

• IN RE BARBOSA: On remand from Supreme Court, order finding dependency and neglect was vacated and remanded because the judge who signed the order was not the judge who presided at trial, and no explanation for this substitution appeared in the record.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/020736-1.htm

• IN RE BIKMAN: Judgment and order that respondent's children were abused and neglected affirmed.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/021463-1.htm

• IN RE BROWN: TPR affirmed.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/020901-1.htm

• IN RE HOLMAN: TPR affirmed.
  http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/030167-1.htm

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• SHIPMAN V. SHIPMAN: MAJORITY: The trial court's findings of fact were adequate to support its conclusion of law that a substantial change in circumstances (viz., pervasive interference with visitation) warranted a modification of prior custody order. DISSENT: Majority improperly supplied its own findings of fact based on the evidence where trial court's findings of fact did not "present a level of desired specificity."
  http://www.aoc.state.nc.us/www/public/sc/opinions/2003/071-03-1.htm

• McKINNEY V. RICHITELLI: When a parent has willfully abandoned the care and maintenance of a minor child, within the meaning of N.C.G.S. Section 31A-2, the abandoning parent must have resumed the care and maintenance of the child at least one year prior to the child's death and prior to the child's emancipation/majority in order for the abandoning parent to inherit from the intestate child's estate.
  http://www.aoc.state.nc.us/www/public/sc/opinions/2003/203-02-1.htm

• IN RE ESTATE OF LUNSFORD: "Wilfull abandonment" of a child"

• SCRUGGS V. CHAVIS: (Civil procedure-not FL): Final trial calendar determines the "hearing date."

UNPUBLISHED

• BASS V. BASS: Bail bonding business found to have zero goodwill

• CADDELL V. CADDELL: Attempted appeal from PSS order dismissed as interlocutory

• GEORGE V. GEORGE: Attorney's fees for civil contempt (child support)

• IN RE DERREBERRY: Abuse and neglect-constitutional issues

Previously listed

• Rosaro vs. Blake

• Patterson vs. Taylor

• Adams vs. Tessener