In re A.B., 245 N.C. App. 35 (2016)

Held: 
Affirmed

  • When the appellate court remands an order that was appealed to the trial court with specific direction to make its order internally consistent, the remand requires the trial court to make new findings and omit other findings. These changes would contradict findings the trial court had orally rendered for inclusion in the first order.
  • When applied in context, the direction on remand for the trial court to “clarify” its findings of fact and conclusions of law required the trial court to make whatever changes necessary to make the order internally consistent. This would result in significant changes from the first order that was internally inconsistent.
  • When a remand allows for a trial court to exercise discretion in determining if it will receive additional evidence, the trial court is not obligated to consider new evidence. Even with the passage of time, the determination of whether to hear new evidence is left with the trial court, and in this case, no motion was made for the court to hear new evidence, and respondent failed to show how the court abused its discretion by not hearing new evidence before entering a new order. 

 

Category:
Termination of Parental Rights
Stage:
Appeal
Topic:
Remand Instructions
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