Black v. Black

Court of Appeals of North Carolina

Black v. Black

226 S.E.2d 858, 30 N.C. App. 403, 1976 N.C. App. LEXIS 2268

CourtCourt of Appeals of North Carolina

DecidedAugust 4, 1976

Docket7626DC138

StatusPublished

Cited by2 cases

This text of 226 S.E.2d 858 (Black v. Black) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Black v. Black, 226 S.E.2d 858, 30 N.C. App. 403, 1976 N.C. App. LEXIS 2268 (N.C. Ct. App. 1976).

Pincite

Opinion

BROCK, Chief Judge.

The purpose of the speedy proceedings for alimony pen-dente lite is to give the dependent spouse subsistence and counsel fees pending trial of the action on its merits. This result places the dependent spouse on a more nearly equal footing with the supporting spouse for purposes of preparing for and prosecuting the dependent spouse’s claim. The final merits of the action are not before the trial judge upon a pendente lite hearing. Therefore, upon a pendente lite hearing, the trial judge may not determine the ultimate property rights of the parties. Kohler v. Kohler, 21 N.C. App. 339, 204 S.E. 2d 177 (1974).

In this case the trial judge undertook to determine matters of constitutional proportions concerning the ultimate property rights of the parties. At this pendente lite stage of the proceedings, without consent of the parties to a hearing on the merits and waivers of jury trial, the trial judge was without jurisdiction to proceed in this action as he undertook to do.

The order appealed from is vacated, and the cause is remanded to the district court for such proceedings as may be appropriate.

Vacated and remanded.

Judges Britt and Vaughn concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BROCK, Chief Judge.

The purpose of the speedy proceedings for alimony pen-dente lite is to give the dependent spouse subsistence and counsel fees pending trial of the action on its merits. This result places the dependent spouse on a more nearly equal footing with the supporting spouse for purposes of preparing for and prosecuting the dependent spouse’s claim. The final merits of the action are not before the trial judge upon a pendente lite hearing. Therefore, upon a pendente lite hearing, the trial judge may not determine the ultimate property rights of the parties. Kohler v. Kohler, 21 N.C. App. 339, 204 S.E. 2d 177 (1974).

In this case the trial judge undertook to determine matters of constitutional proportions concerning the ultimate property rights of the parties. At this pendente lite stage of the proceedings, without consent of the parties to a hearing on the merits and waivers of jury trial, the trial judge was without jurisdiction to proceed in this action as he undertook to do.

The order appealed from is vacated, and the cause is remanded to the district court for such proceedings as may be appropriate.

Vacated and remanded.

Judges Britt and Vaughn concur.

Cite This Page — Counsel Stack

Bluebook (online)

226 S.E.2d 858, 30 N.C. App. 403, 1976 N.C. App. LEXIS 2268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-black-ncctapp-1976.

Opinion

Related

Cite This Page — Counsel Stack