Legal Opinion · Dissent

Garrett v. Burris

Court of Appeals of North Carolina

Decided December 4, 2012No. COA12-451Published

1DissentBeasley, Judge

Because I believe that the trial court’s own findings establish that a marriage occurred under Texas law, I would find its conclusion is unsupported and therefore respectfully dissent.

As the majority opinion correctly states above, the findings of the trial court are binding on this Court due to the Appellant’s failure to challenge them. See Koufman v. Koufman, 330 N.C. 93, 97, 408 S.E.2d 729, 731 (1991). Both the trial court and the majority of this Court rely on several findings of fact regarding events that occurred after the parties moved in together. However, this reliance ignores that…

2Cases cited6 opinions

  1. Koufman v. KoufmanSupreme Court of North Carolina · 1991
  2. Estate of Claveria v. ClaveriaTexas Supreme Court · 1981
  3. State v. AlfordSupreme Court of North Carolina · 1979
  4. Rosales v. RosalesCourt of Appeals of Texas · 1964
  5. De Beque v. LigonTexas Commission of Appeals · 1927

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