Legal Opinion · Dissent

Newsome v. Newsome

Court of Appeals of North Carolina

Decided July 31, 1979No. 788DC795Published

1Dissent

Judge Clark

dissenting.

On 9 October 1978 defendant filed a verified motion for dismissal of the appeal alleging that plaintiff had on 1 September 1978 taken the child for a weekend visitation and had not returned the child as provided by the court order, and that plaintiff had informed defendant that she had taken and would not return the child. Plaintiff’s counsel responded that the allegations in the motion were unsubstantiated hearsay. The motion was denied on 30 October 1978. If the allegations are true plaintiff has violated G.S. 14-320.1, a felony. I vote to stay appellate proceedings…

2Cases cited7 opinions

  1. Blackley v. BlackleySupreme Court of North Carolina · 1974
  2. Shepherd v. ShepherdSupreme Court of North Carolina · 1968
  3. Steele v. SteeleCourt of Appeals of North Carolina · 1978
  4. Paschall v. PaschallCourt of Appeals of North Carolina · 1974
  5. Owen v. OwenCourt of Appeals of North Carolina · 1976

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