So you want to Appeal your Family Law Judgment/Order?

If you are unhappy with the Court’s decision in your family law case and there are valid grounds for appeal, you can appeal the decision to the North Carolina Court of Appeals.  Few people appeal the trial court’s decision.  In fact, approximately 1% appeal.  Appeals are expensive, complicated and the odds of winning are against the appellant.

Standing to Appeal

You must have standing to appeal a family law order or judgment.  Generally, you must be a party to the action and the order or judgment you wish to appeal must be “final.”  A final judgment is one that disposes all issues as to all parties to the lawsuit.  Interlocutory judgments/orders are not generally appealable.  An interlocutory order/judgment is an interim order which is not a final judgment/order.  Interlocutory orders can be appealed under special circumstances.

What Court Hears The Appeal

The North Carolina Court of Appeals hears appeals from orders and judgments in family law cases from the trial courts.  The North Carolina Legislature created the North Carolina Court of Appeals in 1967.  There are fifteen judges who sit on the North Carolina Court of Appeals.  They hear cases in panels of three judges.  The North Carolina Supreme Court hears appeals from decisions of the North Carolina Court of Appeals.

Deadlines

You must meet specific deadlines set by the North Carolina Rules of Appellate Procedure.  The reference to rule numbers are references to those rules.

• 30 Days After Order or Judgment is Entered – Last Possible Date to file and serve the Notice of Appeal. [Rule 3(c)(1)].
• 10 Days after Notice of Appeal Filed – Deadline to serve any cross Appeal. [Rule 3(c)].
• 14 Days After Notice of Appeal Filed – Last date to file Contract with Court Reporter [Rule 7(a)(1)].
• 60 Days After Court Reporter Contract – Last Date for Court Reporter to Deliver Transcript and electronically File with Court of Appeals [Rule 7(b)(1)].
• 35 Days After Notice of Appeal Filed or 35 Days after Delivery of Transcript (Whichever is Later) – Last day to serve a proposed Record on Appeal if the parties cannot agree upon the record on appeal. [Rule 11(b)].
• 30 Days After Service of Proposed Record on Appeal – Deadline for Appellee to serve objections to the proposed Record on Appeal.  [Rule 11(b)].
• 10 Days After Last Day Appellee could serve objections, amendments, etc to Record on Appeal – Deadline to Request Judicial Settlement of the Record on Appeal. [Rule 11(c)].
• 20 Days After Service of Request for Judicial Settlement – Deadline for Trial Judge to File Order Settling Record on Appeal. [Rule 11(c)].
• 15 Days After Settlement of Record on Appeal – Deadline to File with Court of Appeals.  [Rule 12].
• 30 Days After Clerk of the Court of Appeals Mails Printed Record — Deadline for Appellant to file Brief. [Rule 13].
• 30 Days After Appellant’s Brief Filed — Deadline for Appellee’s Brief. [Rule 13].
• 14 Days After Appellee’s Brief Filed – Deadline for Reply Brief. [Rule 28(h)].

The above is a summary of the process and is not intended to be a step-by-step guide nor does it discuss all deadlines and considerations.  You should obtain legal advice from an attorney licensed in North Carolina with experience handling appeals.

Process

The North Carolina Court of Appeals will hear the case and issue a written decision.  The Court selects some cases for oral arguments.  If so, each side is limited to thirty (30) minutes.  Only lawyers who have signed the filed brief can argue the case before the Court of Appeals.  When the Court issues its decision, it can overturn the trial court, remand the case back to the trial judge to resolve disputed issues or affirm the trial court’s decision.

Contact Us

If you would like to appeal a family law judgment or order, please contact us.  We have experience handling numerous appeals and would be happy to speak with you about yours.  You must act quickly and within the deadlines to appeal.