Lewis v. Lewis

WYNN, Judge.

N.C. Gen. Stat. § 1-294 (1996) provides “[w]hen an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein.” Because the trial court in this case entered judgment on the claim of alimony during the pendency of the husband’s appeal from a jury verdict that he had committed adultery, we must vacate that judgment and remand this matter to the trial court for a redetermination of the alimony obligation.

This appeal arises from an action brought by the wife, Brenda Lewis,…