Legal Opinion

Fischell v. Rosenberg

Court of Appeals of North Carolina

Decided May 17, 1988No. 8715DC901PublishedCited by 1 opinion

1Opinion of the Court

ARNOLD, Judge.

In this case, defendant challenges the trial court’s refusal to modify child support. Since defendant withdrew his notice of appeal from the order of 11 May 1987, filed a motion for rehearing and later filed a notice of appeal from the denial of that motion, the only proper appeal before this court is that of the denial of his motion for rehearing. Such a denial will only be overturned on appeal if there has been an abuse of discretion. Mumford v. Hutton & Bourbonnais Co., 47 N.C. App. 440, 267 S.E. 2d 511 (1980). While the trial court erred in certain of its findings of fact…

2Cases cited8 opinions

  1. Crosby v. CrosbySupreme Court of North Carolina · 1967
  2. Wachacha v. WachachaCourt of Appeals of North Carolina · 1978
  3. Mumford v. Hutton & Bourbonnais Co.Court of Appeals of North Carolina · 1980
  4. Tate v. TateCourt of Appeals of North Carolina · 1970
  5. Gilmore v. GilmoreCourt of Appeals of North Carolina · 1979

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3Cited by1 opinion

  1. Schroader v. SchroaderCourt of Appeals of North Carolina · 1995

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