McKinney v. Duncan, 256 N.C. App. 717 (2017)

  • Facts: On July 5, 2016, the court entered two no contact orders (one for each plaintiff), neither of which were appealed. In October 2016, a consent order on a motion to show cause was entered. A second show cause proceeding was initiated and a hearing occurred on December 12, 2016. The trial judge signed orders for each plaintiff, finding the defendant was in civil contempt of the July 2016 and October 2016 orders and ordering the means by which he could purge himself of the contempt. Defendant appealed.
  • Rule 58 states a “judgment is entered when it is reduced to writing, signed by the judge, and filed with the clerk of court.” Although the trial judge rendered her judgment and subsequently reduced it to writing and signed it, “these orders do not bear a file stamp or other indication that they were ever filed with the clerk of court.” Citing In re Thompson, 232 N.C. App. 224 (2014), the record fails to establish the orders were entered under Rule 58. Relying on In re Estate of Walker, 113 N.C. 419 (1994), “a properly entered ordered is essential to vest the Court [of Appeals] with subject matter jurisdiction over an appeal.” The orders were not entered and the court of appeals has no jurisdiction to review them.
Civil Cases with Application to Child Welfare
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