Tate v. Tate
Decision Date | 18 November 1970 |
Docket Number | No. 7026DC466,7026DC466 |
Court | North Carolina Court of Appeals |
Parties | Joanne Mirris TATE v. Clarence Garren TATE, Jr. |
Hamel & Cannon, by Thomas R. Cannon, Charlotte, for plaintiff appellant.
Richard A. Cohan, Charlotte, for defendant appellee.
The record does not reveal upon which of defendant's two grounds the trial judge dismissed the complaint. However, we will deal only with the question of venue as it is determinative. In fact it is not only venue but actually jurisdiction. Plaintiff relies heavily, in her brief, upon G.S. § 50--13.5(f) and Professor Lee's comments on that statute in 3 Lee, North Carolina Family Law, § 222, (Supp.1968). However, a close reading of the statute and Professor Lee's comments indicate that the statute does not apply in a situation such as we have here. The statute provides:
This statute contemplates only the institution of an action for custody and support. It does not affect the situation that we have here where custody and support have already been determined and one of the parties seeks a modification of the order establishing custody and support. In such a case, the court first obtaining jurisdiction retains jurisdiction to the exclusion of all other courts and is the only proper court to bring an action for the modification of an order establishing custody and support. In Crosby v. Crosby, 272 N.C. 235, 158 S.E.2d...
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Stanback v. Stanback
...court which could modify the earlier judgment upon a motion in the cause and a showing of a change of circumstances. Tate v. Tate, 9 N.C.App. 681, 177 S.E.2d 455 (1970); 3 Lee, North Carolina Family Law § 222 Plaintiff contends that under the Judicial Department Act of 1965, codified in Cha......
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Brooks v. Brooks
...This Court has also said of N.C.G.S. § 50-13.5(f) that it invokes "not only venue but actually jurisdiction." Tate v. Tate, 9 N.C.App. 681, 682, 177 S.E.2d 455, 456 (1970). A different statute requires that in all divorce actions the complaint must state the name and age of any minor childr......
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Brooker v. Brooker
...is the only proper court to bring an action for the modification of an order establishing custody and support." Tate v. Tate, 9 N.C.App. 681, 682-83, 177 S.E.2d 455, 457 (1970). That court may, in its discretion, enter an order transferring venue to another court for the convenience of the ......
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Wolfe v. Wolfe
...child custody or support is the only proper court in which to bring an action for modification of custody or support. Tate v. Tate, 9 N.C.App. 681, 177 S.E.2d 455 (1970), citing Crosby v. Crosby, 272 N.C. 235, 158 S.E.2d 77 (1967). See also 3 Lee, §§ 222, 226, supra. Thus, once jurisdiction......