Legal Opinion

Hinson v. Hinson

Court of Appeals of North Carolina

Decided December 31, 1985No. 8519DC875PublishedCited by 9 opinions

1Opinion of the Court

EAGLES, Judge.

The thrust of defendant’s appeal is that the omissions in the consent judgment were not clerical in nature, but were substantive, and that the trial court therefore lacked authority to enter an order granting plaintiff the relief requested. We agree, and accordingly vacate the order.

I

Plaintiff sued in February 1983 for divorce from bed and board, custody, alimony and child support. In June 1983 the parties entered into a consent judgment whereby plaintiff received for herself and the children exclusive possession of the marital residence. Plaintiff assumed liability under the…

2Cases cited8 opinions

  1. James D. Elias v. Ford Motor CompanyCourt of Appeals for the First Circuit · 1984
  2. Paul H. Jones and Pushmataha Plantation, Inc. v. Anderson-Tully CompanyCourt of Appeals for the Fifth Circuit · 1984
  3. Steve Willie, Cross-Appellant v. Continental Oil Company, Offshore Logistics, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
  4. Matter of PeirceCourt of Appeals of North Carolina · 1981
  5. Ward v. TaylorCourt of Appeals of North Carolina · 1984

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In re D.D.J.Court of Appeals of North Carolina · 2006
  2. Food Service Specialists v. Atlas Restaurant Management, Inc.Court of Appeals of North Carolina · 1993
  3. State v. ThompsonCourt of Appeals of North Carolina · 2017
  4. In re C.N.C.B.Court of Appeals of North Carolina · 2009
  5. The Bank of Hampton Rds. v. WilkinsCourt of Appeals of North Carolina · 2019

4 more not listed; retrieve them via the Exa API.

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