Duncan v. Duncan

After filing for divorce from Defendant, Plaintiff sought alimony and attorney's fees. The district court ordered Defendant to pay Plaintiff alimony but reserved the issue of attorney's fees for later determination. Defendant appealed, but the court of appeals dismissed the appeal as untimely, concluding (1) Defendant's unresolved request for attorney's fees rendered his appeal interlocutory, and (2) Defendant failed to have the order certified as immediately appealable under N.C. R. Civ. P. 54(b). The Supreme Court reversed and remanded, holding (1) the trial court's order was final and immediately appealable because attorney's fees were not part of the substantive claims; and (2) as a party to a final judgment on the merits, Defendant preserved his right to appeal by giving timely notice of his appeal. View "Duncan v. Duncan" on Justia Law