North Carolina Lawyers Weekly

Padilla v. Troxell (Lawyers Weekly No. 001-070-17, 18 pp.) (Motz, J.) No. 16-1979, March 8, 2017; USDC at Danville, Va. (Kiser, J.) 4th Cir. Holding: A district court did not err in denying mother’s petition for return of her five-year-old ...

Tagged with: Parent and Child

Lund v. Lund (Lawyers Weekly No. 011-083-17, 9 pp.) (John Tyson, J.) Appealed from Buncombe County District Court (Ward Scott, J.) N.C. App. Holding:  Where the only evidence as to the date-of-distribution value of the marital home was the plaintiff-wife’s ...

Tagged with: equitable distribution

In re R.P. (Lawyers Weekly No. 011-082-17, 8 pp.) (Lucy Inman, J.) Appealed from Mecklenburg County District Court (David Strickland, J.) N.C. App. Holding: In the trial court’s orders granting guardianship of respondent’s son to the child’s maternal aunt, there ...

Tagged with: Parent and Child

In re J.T. (Lawyers Weekly No. 011-061-17, 6 pp.) (Lucy Inman, J.) Appealed from Orange County District Court (Joseph Moody Buckner, J.) N.C. App. Holding: At the permanency planning hearings for respondent’s child, the trial court heard no oral testimony ...

Tagged with: Parent and Child

Penninga v. Travis (Lawyers Weekly No. 012-044-17, 22 pp.) (Linda McGee, C.J.) Appealed from Madison County District Court (Hal Harrison, J.) N.C. App. Unpub. Holding: Where the trial court’s orders did not specify how and when defendant could purge himself ...

Tagged with: Civil Practice

Mastny v. Mastny (Lawyers Weekly No. 012-043-17, 22 pp.) (Linda McGee, C.J.) Appealed from Wake County District Court (Christine Walczyk, J.) N.C. App. Unpub. Holding: Although the trial court listed several problems that had arisen between the parties since entry ...

Tagged with: Parent and Child

Lynn v. Futrell (Lawyers Weekly No. 012-042-17, 8 pp.) (Richard Dietz, J.) Appealed from Halifax County District Court. (Brenda Branch, J.) N.C. App. Unpub. Holding: The plaintiff-mother wished to send the parties’ son to a small private school, and the ...

Tagged with: Parent and Child

In re V.G. (Lawyers Weekly No. 012-040-17, 12 pp.) (Ann Marie Calabria, J.) Appealed from Wake County District Court (Monica Bousman, J.) N.C. App. Unpub. Holding: Although the respondent-mother claimed to be Cherokee, since she is not a registered member ...

Tagged with: ICWA

Huckabee v. Roberts (Lawyers Weekly No. 012-039-17, 5 pp.) (Chris Dillon, J.) Appealed from Durham County Superior Court (Donald Stephens, J.) N.C. App. Unpub. Holding: Where the district court found defendant in criminal contempt, the superior court erred in concluding ...

Tagged with: appeals

Gurganus v. Gurganus (Lawyers Weekly No. 011-054-17, 14 pp.) (Douglas McCullough, J.) Appealed from Onslow County District Court (William Cameron III, J.) N.C. App. Holding: Despite the defendant-husband’s claims that the plaintiff-wife made post-separation efforts to thwart his advancement in ...

Tagged with: equitable distribution