Holbert v. Holbert

762 S.E.2d 298, 235 N.C. App. 277, 2014 WL 3823318, 2014 N.C. App. LEXIS 828
CourtCourt of Appeals of North Carolina
DecidedAugust 5, 2014
DocketCOA13-951
StatusPublished

This text of 762 S.E.2d 298 (Holbert v. Holbert) 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
Holbert v. Holbert, 762 S.E.2d 298, 235 N.C. App. 277, 2014 WL 3823318, 2014 N.C. App. LEXIS 828 (N.C. Ct. App. 2014).

Opinions

ERVIN, Judge.

Defendant Larry R. Holbert appeals from orders denying his motion for summary judgment directed to Plaintiff’s equitable distribution claim and granting Plaintiff’s motion for summary judgment with respect to one of the grounds upon which Defendant sought to challenge the validity of her equitable distribution claim, with the relevant issue being the validity of Defendant’s contention that his marriage to Plaintiff Margarita Belila Holbert had been performed by an individual who was not authorized [278]*278to perform marriage ceremonies and the extent to which the trial court was precluded from considering that contention on the merits in light of an earlier consent judgment, and denying Defendant’s motion for relief from that earlier consent judgment predicated on the theory that the consent judgment failed to accurately reflect the agreement between the parties that it was supposed to memorialize. After careful consideration of Defendant’s challenges to the trial court’s orders in light of the record and the applicable law, we conclude that Defendant’s appeal should be dismissed as having been taken from unappealable interlocutory orders.

I. Factual Background

A. Substantive Facts

Plaintiff came to the United States from the Philippines on or about 10 December 2000 as Defendant’s fiancée. The parties were married on 9 February 2001 by an individual named Earl R. Jones, who was selected to perform that role by Defendant. Although he was “licensed in the Gospel Ministry” at the time that he conducted the parties’ marriage ceremony, Mr. Jones had not been “ordained” by the church with which he was affiliated at that time. Mr. Jones was, however, “ordained” on 30 March 2008.

After the performance of the marriage cerémony, Plaintiff and Defendant held themselves out to be husband and wife. The parties’ relationship began to deteriorate when Defendant began to curse Plaintiff, state that it would have been cheaper to have her killed, and offer to pay others to marry her. At approximately the time that the parties separated on 16 September 2009, Defendant locked Plaintiff out of the marital residence and changed all of the locks.

B. Procedural Facts

On 6 October 2009, Plaintiff filed a complaint in which she claimed that she had been abandoned by Defendant and sought a divorce from bed and board, post-separation support, alimony, equitable distribution, and an award of attorney’s fees. On 20 October 2009, Defendant filed a motion seeking to have Plaintiff’s complaint dismissed in reliance upon the parties’ premarital agreements and to enforce the provisions of their premarital agreements. On 6 April 2010, the parties filed a memorandum of decision in which Defendant “waive[d] any defense to any cause of action set out in the complaint on the basis of any premarital agreement” and “any defense by virtue of any other premarital agreement not identified in his answer.” In return for this commitment and the payment of $50,000, Plaintiff waived all of the claims that she had asserted against [279]*279Defendant except for the right to have marital and divisible property equitably distributed. As part of this process, the parties agreed that it would be unnecessary for their signatures to appear on the formal onsent judgment. On 6 May 2010, Judge Athena Fox Brooks entered a consent judgment that provided, in pertinent part, that “[b]oth parties agree that [Plaintiff] is entitled to proceed with her claim of equitable distribution against [Defendant] without any defense thereto”; that Defendant’s dismissal motion should be denied; and that the only issue remaining between the parties involved the equitable distribution of their marital and divisible property.1

On 6 October 2010, Defendant filed a complaint in a separate action seeking an absolute divorce. On 23 November 2010, the court granted Defendant an absolute divorce.

On 4 February 2011, Defendant filed a motion seeking to have the 6 April 2010 memorandum of decision and the 6 May 2010 consent judgment set aside pursuant to N.C. Gen. Stat. § 1A-1, Rule 60(b)(1), (4) and (6). In support of this request, Defendant contended that he had entered into the agreement memorialized in these documents at a time when his cognition was impaired and that he had been unable to understand the contents of the 6 April 2010 memorandum of decision when he signed it. On 11 May 2011 and 8 June 2011, respectively, the trial court entered an order and an amended order denying Defendant’s motion on the grounds that he was presumed to be competent when he consented to the agreement memorialized in the 6 April 2010 memorandum of decision and the 6 May 2010 consent judgment and that he had failed to present substantial evidence tending to show that he was incompetent at the time that he entered into this agreement.

On 11 October 2012, Defendant, who was now represented by new legal counsel, filed an answer .and counterclaim in which he asserted, among other things, that he was entitled to rely on the provisions of the parties’ premarital agreement as a defense to Plaintiff’s equitable distribution claim, with this assertion resting upon his recent discovery that Mr. Jones was not authorized to conduct marriage ceremonies under North Carolina law, and that he was entitled to have his marriage to Plaintiff annulled, with this assertion resting on a contention that Mr. Jones had not been legally authorized to perform their marriage ceremony and that the parties had never consummated their marriage. In [280]*280addition, Defendant filed a motion for relief from judgment pursuant to N.C. Gen. Stat. § 1A-1, Rule 60(b) in the action in which he had been divorced from Plaintiff on 16 October 2012 in which he alleged that he had recently learned that Mr. Jones had not been authorized to conduct the parties’ marriage ceremony. On 8 November 2012, Plaintiff filed a response to Defendant’s filings in the equitable distribution and divorce proceedings in which she asserted a number of affirmative defenses to Defendant’s contentions, including, but not limited to, ratification, collateral estoppel, judicial estoppel, waiver, fraud, and statute of limitations.

On 3 December 2012, Defendant filed a motion seeking the entry of summary judgment in his favor with respect to Plaintiff’s equitable distribution claim on the grounds that there “was no valid marriage between the parties” given the fact that Mr. Jones had not been “ordained” at the time of the parties’ marriage ceremony. On 6 February 2013, Plaintiff moved for partial summary judgment with respect to the issue of whether (1) the parties’ premarital agreements barred her equitable distribution claim; (2) Plaintiff had waived her right to assert an equitable distribution claim by executing the parties’ premarital agreements, (3) Plaintiff was estopped by the parties’ premarital agreements from asserting an equitable distribution claim, (4) the fact that Plaintiff took a salary from Defendant barred her from asserting an equitable distribution claim, and (5) Plaintiff had misappropriated money from Defendant. After a hearing held on 18 February 2013, the trial court entered an order on 18 March 2013 granting Plaintiff’s partial summary judgment motion and specifically determining, among other things, that Defendant was barred from asserting the parties’ premarital agreement as a defense to Plaintiff’s equitable distribution claim by the 6 April 2010 memorandum of decision and 6 May 2010 consent judgment.

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Bluebook (online)
762 S.E.2d 298, 235 N.C. App. 277, 2014 WL 3823318, 2014 N.C. App. LEXIS 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holbert-v-holbert-ncctapp-2014.