Civil Practice – Writ of Recordari – Domestic Relations – Child Custody – Grandparents

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Metcalf v. Call (Lawyers Weekly No. 012-174-17, 9 pp.) (Valerie Zachary, J.) Appealed from Swain County Superior Court (William Coward, J.) N.C. App. Unpub.

Holding: Plaintiff is a maternal grandfather who was not allowed to intervene when the defendant-paternal grandmother sought and was awarded custody of the parties’ grandchild. He petitioned the superior court for a writ of recordari to review the district court’s custody order. Although the writ of recordari exists as an alternative to appeal where an aggrieved party would otherwise have no legal right to review, only a court which has the power of appellate review may issue the writ.

Since the superior court has no right to review a district court’s civil judgments, the superior court properly granted defendant’s motion to dismiss for lack of subject matter jurisdiction over plaintiff’s petition for writ of recordari. Affirmed.