Rice Law Appeals

We assist clients in filing, perfecting, and arguing appeals.  See our blog: So you want to Appeal Your Family Law Judgment/Order for an overview of family law appeals process.

Basis for Appeals

Most appeals are to the North Carolina Court of Appeals from district and superior court.  To appeal, there must be factual and/or legal grounds for the appeal.  A judge usually makes “findings of fact” in a written order which were considered when making the ruling.  If these “findings of fact” are incorrect or misconstrued and not supported by testimony and other evidence, there may be grounds for an appeal based on factual grounds.  Where a judge misapplies the law or there was an incorrect understanding of the law, there may be grounds for an appeal based upon legal grounds.  And many appeals deal with facts and the law.

Timing

It is critical that the Notice of Appeal be timely filed.  If you miss it by even one day, you lose eligibility to appeal.

Procedure

After the appeal is filed, a complete record of the trial court pleadings, the transcript and evidence admitted at the trial court are all generally transmitted to the appellate court.  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. 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.

We have Experience

Our firm has handled a number of appeals and a representative sample follows:

• Bradley v. Bradley, 256 N.C. App. 1, 2, 806 S.E.2d 58, 60 (2017) (found personal jurisdiction over a non-resident under minimum contacts analysis).
• Wellons v. White, 229 N.C. App. 164, 748 S.E.2d 709 (2013) (challenged the constitutionality of the grandparent visitation statute but was not reached due to case doctrine and prohibition on collateral attacks, also dealt with contempt).
• Evans v. Myers, ___ N.C. App. ___, 867 S.E.2d 424 (2022) (unpublished) (found grandparents had standing to seek child custody but vacated and remanded order for additional findings).
• Paul v. Fattah, 266 N.C. App. 402, 829 S.E.2d 697 (2019) (unpublished) (vacated and remanded child custody order as void).
• In re K.B.G., 220 N.C. App. 416, 725 S.E.2d 474 (2012) (unpublished) (reversed and remanded termination of parental rights case).
• Nix v. Nix, ___ N.C. App. ___, 721 S.E.2d 409 (2012) (unpublished) (reversed a portion of the court’s order regarding a separation agreement).
• Harris v. Harris, 202 N.C. App. 584, 691 S.E.2d 133 (2010) (unpublished) (holding that when discretionary communication occurs between NC and a court of another state regarding jurisdiction under the UCCJEA, a record of the communication must be made).

Our past successes are no guarantee of future results.

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.