Civil Practice – Subject Matter Jurisdiction – Appeals – Domestic Relations – Equitable Distribution

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While the plaintiff-wife was appealing an equitable distribution/alimony order that affected her separate property, the trial court entered the preliminary injunction at issue in the present appeal. Where that preliminary injunction also affected plaintiff’s same separate property, the trial court was without subject matter jurisdiction to enter its injunction while the prior appeal was pending.

We vacate the preliminary injunction.

Crowell v. Crowell (Lawyers Weekly No. 011-134-23, 12 pp.) (Hunter Murphy, J.) Appealed from Mecklenburg County District Court (Christy Mann, J.) Thomas Bumgardner and Richard Johnson for plaintiff; no brief filed for defendant. North Carolina Court of Appeals