Legal Opinion · Dissent

Boseman v. Jarrell

Supreme Court of North Carolina

Decided December 20, 2010No. 416PA08-2Published

1DissentJustice Hudson

Today a majority of this Court acts contrary to explicit statutory language and legislative intent in order to achieve this outcome. Because I am not willing to read into statutes language that simply is not there, I dissent.

By its unambiguous language, the General Assembly has emphasized the overriding legislative goals of promoting the finality of adoptions and making primary the best interests of the child when construing Chapter 48. N.C.G.S. § 48-1-100 (2009). To that end, a final adoption decree that was not appealed may be set aside at a date as late as the one here only if the natural…

2Cases cited15 opinions

  1. In Re Inquiry Concerning a Judge No. 53 PeoplesSupreme Court of North Carolina · 1978
  2. Hart v. Thomasville Motors, Inc.Supreme Court of North Carolina · 1956
  3. Daniels v. Montgomery Mutual InsuranceSupreme Court of North Carolina · 1987
  4. State v. SamsSupreme Court of North Carolina · 1986
  5. Ellis v. EllisSupreme Court of North Carolina · 1925

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