In re the Custody of Hopper

Court of Appeals of North Carolina

In re the Custody of Hopper

177 S.E.2d 326, 9 N.C. App. 730, 1970 N.C. App. LEXIS 1459

CourtCourt of Appeals of North Carolina

DecidedNovember 18, 1970

DocketNo. 7026DC637

StatusPublished

Cited by1 cases

This text of 177 S.E.2d 326 (In re the Custody of Hopper) 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

In re the Custody of Hopper, 177 S.E.2d 326, 9 N.C. App. 730, 1970 N.C. App. LEXIS 1459 (N.C. Ct. App. 1970).

Pincite

Opinion

VAUGHN, Judge.

This proceeding was pending in the Superior Court of Mecklenburg County when district courts were established in that district. There has been neither an order entered in the superior court transferring it to the district court division pursuant to G.S. 7A-259 nor a motion therefor under G.S. 7A-258. The district court judge was, therefore, without authority to [731]*731modify the order of the superior court. Hodge v. Hodge, 9 N.C. App. 601, 176 S.E. 2d 795.

Several of the appellant’s assignments of error have merit and would compel us to reverse the order appealed from if we dealt with the appeal on its merits. Since they may not recur, we will refrain from discussing them.

The order appealed from is hereby vacated and the cause is remanded to the Superior Court of Mecklenburg County.

Vacated and Remanded.

Judges Campbell and Britt concur.

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