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Tag Archives: Interlocutory Appeal

Domestic Relations – Adoption – Civil Practice – Special Proceedings – Transfer to District Court (access required)

In re Adoption of C.E.Y. (Fisher, Petitioner Although the respondent-father labeled his motion as an appeal and a motion to set aside an order under N.C. R. Civ. P. 59 and 60, the motion actually requested equitable relief, and the clerk of court correctly transferred this adoption proceeding to the district court under G.S. § 1-301.2(b). Once the clerk transferred the matter to the district court, the court was required to address respondent’s motion. The district court erred in concluding that respondent’s motion constituted an interlocutory appeal.

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Domestic Relations – Civil Practice – Interlocutory Appeal – Parent & Child – Temporary Custody Order – First Amendment – Religion – Judges (access required)

Sood v. Sood The trial court’s custody order was temporary in that it left open the issues of psychological evaluations of the parties’ mental conditions, the defendant-father’s child support arrearage, and holiday schedules after the 2012 spring break. In fact, the father concedes in his brief that the custody order is temporary. Therefore, the order is interlocutory.

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Civil Practice -Interlocutory Appeal – Substantial Right – Contractors – Subcontractors – Third-party Complaint – ‘Exceptional’ Designation – Motion to Stay (access required)

B&K Coastal, LLC v. Triangle Grading & Paving, Inc. (Lawyers Weekly No. 11-16-0433, 14 pp.) (Linda M. McGee, J.) Appealed from New Hanover County Superior Court. (W. Allen Cobb Jr., J.) N.C. App. Unpub. Click here for the full text ...

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Tort/Negligence – Malicious Prosecution – First Impression – Attorneys – Abuse of Process – Intentional Infliction of Emotional Distress – Interlocutory Appeal (access required)

Chidnese v. Chidnese. In a matter of first impression, we hold that an attorney may be held liable for a malicious criminal prosecution initiated by a client under certain circumstances, assuming all . . .

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