Watson v. Joyner-Watson

823 S.E.2d 122, 263 N.C. App. 393
CourtCourt of Appeals of North Carolina
DecidedDecember 18, 2018
DocketCOA18-524
StatusPublished
Cited by9 cases

This text of 823 S.E.2d 122 (Watson v. Joyner-Watson) 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
Watson v. Joyner-Watson, 823 S.E.2d 122, 263 N.C. App. 393 (N.C. Ct. App. 2018).

Opinions

ELMORE, Judge.

*393Plaintiff Leola S. Watson appeals from an order granting defendant Janice R. Joyner-Watson's motions to dismiss plaintiff's claims for breach of contract, quantum meruit, constructive fraud, and constructive trust pursuant to Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure. On appeal, plaintiff contends the trial court erred in concluding that it lacked jurisdiction over the action. We affirm.

*394I. Background

On 6 January 2017, plaintiff filed a claim against the estate of Richard D. Watson ("decedent") pursuant to a 1999 equitable distribution order ("ED order") in which the decedent agreed to place plaintiff as sole primary beneficiary of his survivor benefit plan (SBP) with the military. The ED order further provided that if decedent failed to make said election, "an[ ] amount equal to the present value of SBP coverage for [plaintiff] shall, at the death of [decedent], become an obligation of his estate." Defendant, as executrix of decedent's estate, rejected plaintiff's claim to the SBP benefits on 6 April 2017.

On 7 June 2017, plaintiff commenced this action to enforce her claim against the estate. On 27 June 2017, defendant filed motions to dismiss the action pursuant to Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure, which the trial court granted in an order entered 23 February 2018. Plaintiff appeals.

II. Discussion

In response to plaintiff's appeal, defendant contends the trial court properly dismissed the underlying action pursuant to Rule 12(b)(1) because plaintiff failed to file her claims with the appropriate division of the general court of justice. According to defendant, the superior court lacked subject matter jurisdiction over plaintiff's claims because they implicated an order of equitable distribution. Defendant specifically contends that "[w]here the District Court has entered a *124judgment of equitable distribution" as it had here, "enforcement jurisdiction remains exclusively with that court." Thus, the superior court "legitimately dismissed Plaintiff's claims" for lack of "subject matter jurisdiction over a District Court proceeding." We agree.

Subject matter jurisdiction refers to "the legal power and authority of a court to make a decision that binds the parties to any matter properly brought before it." Catawba Cty. ex rel. Rackley v. Loggins, 370 N.C. 83, 88, 804 S.E.2d 474, 478 (2017) (quoting In re T.R.P. , 360 N.C. 588, 590, 636 S.E.2d 787, 789-90 (2006) ). Rule 12(b)(1) requires the dismissal of any action "based upon a trial court's lack of jurisdiction over the subject matter of the claim." N.C. Gen. Stat. § 1A-1, Rule 12(b)(1) (2017) ; Catawba Cty. , 370 N.C. at 87, 804 S.E.2d at 477. "Our review of an order granting a Rule 12(b)(1) motion to dismiss is de novo ." Fuller v. Easley , 145 N.C. App. 391, 395, 553 S.E.2d 43, 46 (2001) (citation omitted).

The jurisdiction and powers of the trial court division, which consists of the superior and district courts, are governed by Chapter 7A of *395our General Statutes. See N.C. Gen. Stat. § 7A-240 et seq . (2017). Pursuant to N.C. Gen. Stat. § 7A-241, the superior court maintains "[e]xclusive original jurisdiction for the probate of wills and the administration of decedents' estates[.]" N.C. Gen. Stat. § 7A-241 (2017). Under the auspice of the superior court, the personal representative of a decedent's estate "must follow the requirements of Chapter 28A, which include ... paying claims against the estate," among other responsibilities. Painter-Jamieson v. Painter , 163 N.C. App. 527, 530, 594 S.E.2d 217, 219 (2004) ; see generally N.C. Gen. Stat. § 28A (2017).

In contrast, the district court exercises subject matter jurisdiction over "civil actions and proceedings for ... equitable distribution of property ... and the enforcement of separation or property settlement agreements between spouses, or recovery for the breach thereof." N.C. Gen. Stat. § 7A-244 (2017). Equitable distribution is a process that occurs upon the dissolution of a marriage whereby the district court divides "property acquired during the marriage" among former spouses "in recognition that marital property and divisible property are species of common ownership." Painter-Jamieson , 163 N.C. App. at 532, 594 S.E.2d at 220 (quoting N.C. Gen. Stat. § 50-20(k) ). In addition to liquid assets, equitable distribution applies to deferred forms of compensation, including "[t]he award of nonvested pension, retirement, or other deferred compensation benefits[.]" N.C. Gen. Stat. § 50-20.1(b) (2017). Thus, the entire equitable distribution process-including the enforcement of an unpaid distributive award-is governed by N.C. Gen. Stat. § 50 et seq . and is under the authority of the district court pursuant to N.C. Gen. Stat. § 7A-244.

Difficulty arises in determining which division of the trial court maintains subject matter jurisdiction over claims involving the enforcement of an equitable distribution order against the estate of a deceased former spouse-a dispute that implicates the subject matter jurisdiction of both the superior and district courts.

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

Related

Fred Smith Co. v. Smith
2025 NCBC 70 (North Carolina Business Court, 2025)
Deleuran v. Thompson
2025 NCBC 48 (North Carolina Business Court, 2025)
Vincelette v. Court
2025 NCBC 38 (North Carolina Business Court, 2025)
Forsythe v. N.C. Dep't of Revenue, 2022 Ncbc 49a
North Carolina Business Court, 2022
Lau v. Constable
2022 NCBC 34 (North Carolina Business Court, 2022)
Barefoot v. Barefoot
2022 NCBC 5 (North Carolina Business Court, 2022)
State v. Tucker
Court of Appeals of North Carolina, 2019
State v. Capps
828 S.E.2d 733 (Court of Appeals of North Carolina, 2019)
Smith v. Rodgers
824 S.E.2d 155 (Court of Appeals of North Carolina, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
823 S.E.2d 122, 263 N.C. App. 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-joyner-watson-ncctapp-2018.