Gillespie v. Gillespie

Court of Appeals of North Carolina

Gillespie v. Gillespie

448 S.E.2d 857, 116 N.C. App. 660, 1994 N.C. App. LEXIS 1078

CourtCourt of Appeals of North Carolina

DecidedOctober 18, 1994

DocketNo. 9329DC1267

StatusPublished

Cited by1 cases

This text of 448 S.E.2d 857 (Gillespie v. Gillespie) 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.

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Gillespie v. Gillespie, 448 S.E.2d 857, 116 N.C. App. 660, 1994 N.C. App. LEXIS 1078 (N.C. Ct. App. 1994).

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Opinion

ARNOLD, Chief Judge.

This appeal is interlocutory and must be dismissed according to this Court’s holding in Fliehr v. Fliehr, 56 N.C. App. 465, 289 S.E.2d 105 (1982).

The order appealed from in this case was for child custody and child support in conjunction with an order awarding alimony pendente lite. The Court in Fliehr concluded that if we allow such appeals we would defeat the purpose announced in Stephenson v. Stephenson, 55 N.C. App. 250, 285 S.E.2d 281 (1981) of avoiding appeals from temporary support orders sought merely for the purpose of delay. Fliehr, 56 N.C. App. 465, 289 S.E.2d 105. Therefore, defendant’s assignment of error pertaining to the child support order is not reviewable on appeal until entry of a final order on plaintiff’s claim for permanent alimony. Id.-, see also N.C. Gen. Stat. § 1A-1, Rule 54(b) (1990).

Dismissed.

Judges MARTIN and THOMPSON concur.

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ARNOLD, Chief Judge.

This appeal is interlocutory and must be dismissed according to this Court’s holding in Fliehr v. Fliehr, 56 N.C. App. 465, 289 S.E.2d 105 (1982).

The order appealed from in this case was for child custody and child support in conjunction with an order awarding alimony pendente lite. The Court in Fliehr concluded that if we allow such appeals we would defeat the purpose announced in Stephenson v. Stephenson, 55 N.C. App. 250, 285 S.E.2d 281 (1981) of avoiding appeals from temporary support orders sought merely for the purpose of delay. Fliehr, 56 N.C. App. 465, 289 S.E.2d 105. Therefore, defendant’s assignment of error pertaining to the child support order is not reviewable on appeal until entry of a final order on plaintiff’s claim for permanent alimony. Id.-, see also N.C. Gen. Stat. § 1A-1, Rule 54(b) (1990).

Dismissed.

Judges MARTIN and THOMPSON concur.

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Bluebook (online)

448 S.E.2d 857, 116 N.C. App. 660, 1994 N.C. App. LEXIS 1078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillespie-v-gillespie-ncctapp-1994.

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