Court of Appeals Throws Out Alienation of Affections Case Between two South Carolina Residents

After Robert Bell suspected his wife, Lisa, of having a sexual relationship with former friend James Mozley, he filed a lawsuit for alienation of affection and criminal conversation on 30 September 2009 in Caldwell County, North Carolina.

The problem with the lawsuit was that Robert Bell and James Mozley are both citizens and residents of Beaufort, South Carolina.  James filed motions to dismiss the law suit for lack of jurisdiction. These motions were denied and James appealed to the North Carolina Court of Appeals and won. The Court of Appeals handed down its decision on 1 November 2011 finding that North Carolina does not have jurisdiction over the two South Carolina residents’ dispute.

The Court held that the torts of alienation of affection and criminal conversation are designed to protect the institution of marriage for North Carolina residents and when the torts occur in the State of North Carolina.  In this case, neither Robert nor James are residents of North Carolina and Robert could not prove that James had sex with Lisa in North Carolina.

Robert Bell and his wife, Lisa, had invited James Mozley and his wife to spend New Years with them at their second home in Blowing Rock, NC in 2006.  Sometime after that, Robert Bell discovered vaginal lubricant and unexplained telephone calls.  While he could later prove sexual relations between his wife, Lisa, and former friend James Mozley in four other states (South Carolina, New York, Hawaii, and California), he fell short in his proof regarding North Carolina.

Since South Carolina has abolished the torts of alienation of affection and criminal conversation, Robert Bell’s race to file suit in North Carolina smacked of forum shopping to our Court of Appeals. For the full decision, read it here.

To learn more about the heart balm torts of alienation of affection and criminal conversation, read about them here.