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Tag Archives: consent judgment

Domestic Relations – Separation Agreement – Consent Judgment – Public Employees – Pension – Defined Benefit Plan — Mutual Mistake Claim (access required)

Digh v. Digh In a 1998 consent judgment, the defendant-husband agreed to make the plaintiff-wife the alternate payee of his retirement benefits equal to half of the account attributable to the amount accrued during the marriage, plus interest.

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Domestic Relations – Consent Judgment – Enforcement – Contempt Hearing – Stipulations (access required)

Holden v. Holden The parties stipulated at a contempt hearing that, instead of subjecting the plaintiff-wife to the threat of a contempt citation, the parties would abide by the trial court’s determination concerning the disputed terms of their prior consent order. The wife cannot now complain about this procedure just because she does not like the trial court’s ruling on the consent order. Nevertheless, a consent order cannot be enforced by specific performance, so we vacate those portions of the trial court’s order directing specific performance. Otherwise, we affirm.

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Civil Practice – Consent Judgment – Enforcement – Rule 70 Inapplicable – Declaratory Judgment – Real Property – Avigation Easement (access required)

Sampson County v. Parker Family Real Estate, LLC. (Lawyers Weekly No. 11-16-0438, 11 pp.) (Linda Stephens, J.) Appealed from Sampson County Superior Court. (Benjamin G. Alford, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: ...

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Domestic Relations – Equitable Distribution – Lien ‘Removal’ – Ambiguity – Consent Judgment – Mistake (access required)

Griffith v. Curtis. (Lawyers Weekly No. 10-07-0663, 7 pp.) (Sanford L. Steelman Jr., J.) Appealed from Buncombe County District Court. (Rebecca B. Knight, J.) N.C. App. Holding: Language in an equitable-distribution consent judgment that required a wife to “remove the ...

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