Jones v. Jones
| Decision Date | 06 February 1996 |
| Docket Number | No. COA95-371.,COA95-371. |
| Citation | 466 S.E.2d 344 |
| Parties | Kathy Brooks (JONES) v. Terry L. JONES. |
| Court | North Carolina Court of Appeals |
Harrington, Ward, Gilleland & Winstead by Eddie S. Winstead, III, Sanford, for plaintiff appellee.
Staton, Perkinson, Doster, Post, Silverman and Adcock by Jonathan Silverman and Elizabeth Myrick Boone, Sanford, for defendant appellant.
On 3 September 1993 defendant moved for modification of child support due to his unemployment. On 4 November 1994 the district court judge entered a child support order providing for modification of child support, payment of arrearages, medical expenses and continuation of child custody. Defendant failed to make child support payments as mandated by such order and was found in criminal contempt of court on 28 November 1994. From the child support modification and the criminal contempt orders, defendant appeals.
Defendant moved to extend time to serve the proposed record on appeal. The district court granted the motion, extending defendant's time to serve the record on appeal through and including 3 March 1995. The certificate of service indicates that the proposed record on appeal was not served until 8 March 1995. Therefore, pursuant to Rule 25(b) of the Rules of Appellate Procedure, this appeal is subject to dismissal.
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State v. Wendorf
...897, 902 (1970). Generally speaking, we lack jurisdiction to review a district court's contempt proceeding, Jones v. Jones , 121 N.C. App. 529, 530, 466 S.E.2d 344, 345 (1996), because N.C. Gen. Stat. § 5A-17(a) "vests exclusive jurisdiction in the superior court to hear appeals from orders......
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Hyde v. Abbott Laboratories, Inc.
...on the later date, the proposed record was not timely served and the appeal is subject to dismissal. Brooks v. Jones, 121 N.C.App. 529, 530, 466 S.E.2d 344, 345 (1996); Wilson v. Bellamy, 105 N.C.App. 446, 457, 414 S.E.2d 347, 353, disc. review denied, 331 N.C. 558, 418 S.E.2d 668 (1992). T......
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Summerville v. Summerville, COA17-690
...court to the superior court. ... In civil contempt matters, appeal is from the district court to this Court." Brooks v. Jones , 121 N.C. App. 529, 530, 466 S.E.2d 344, 345 (1996) (internal citations omitted). Accordingly, we must determine whether the trial court's finding of contempt here ......