GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

 

 

SESSION LAW 2013-411

HOUSE BILL 122

 

 

 AN ACT to amend the laws pertaining to interlocutory appeals as related to family law.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 7A‑27 reads as rewritten:

"§ 7A‑27.  Appeals of right from the courts of the trial divisions.

(a)        Appeal lies of right directly to the Supreme Court in all cases in which the defendant is convicted of murder in the first degree and the judgment of the superior court includes a sentence of death.

(b)        Appeal lies of right directly to the Court of Appeals in any of the following cases:

(1)        From any final judgment of a superior court, other than the one described in subsection (a) of this section, or one based on a plea of guilty or nolo contendere, including any final judgment entered upon review of a decision of an administrative agency, except for a final judgment entered upon review of a court martial under G.S. 127A‑62.

(2)        From any final judgment of a district court in a civil action.

(3)        From any interlocutory order or judgment of a superior court or district court in a civil action or proceeding which does any of the following:

a.         Affects a substantial right.

b.         In effect determines the action and prevents a judgment from which an appeal might be taken.

c.         Discontinues the action.

d.         Grants or refuses a new trial.

e.         Determines a claim prosecuted under G.S. 50‑19.1.

(4)        From any other order or judgment of the superior court from which an appeal is authorized by statute.

(b)        From any final judgment of a superior court, other than the one described in subsection (a) of this section, or one based on a plea of guilty or nolo contendere, including any final judgment entered upon review of a decision of an administrative agency, except for a final judgment entered upon review of a court‑martial under G.S. 127A‑62, appeal lies of right to the Court of Appeals.

(c)        From any final judgment of a district court in a civil action appeal lies of right directly to the Court of Appeals.

(d)        From any interlocutory order or judgment of a superior court or district court in a civil action or proceeding which

(1)        Affects a substantial right, or

(2)        In effect determines the action and prevents a judgment from which appeal might be taken, or

(3)        Discontinues the action, or

(4)        Grants or refuses a new trial, appeal lies of right directly to the Court of Appeals.

(e)        From any other order or judgment of the superior court from which an appeal is authorized by statute, appeal lies of right directly to the Court of Appeals."

SECTION 2.  Article 1 of Chapter 50 of the General Statutes is amended by adding the following new section to read:

"§ 50‑19.1.  Maintenance of certain appeals allowed.

Notwithstanding any other pending claims filed in the same action, a party may appeal from an order or judgment adjudicating a claim for absolute divorce, divorce from bed and board, child custody, child support, alimony, or equitable distribution if the order or judgment would otherwise be a final order or judgment within the meaning of G.S. 1A‑1, Rule 54(b), but for the other pending claims in the same action. A party does not forfeit the right to appeal under this section if the party fails to immediately appeal from an order or judgment described in this section. An appeal from an order or judgment under this section shall not deprive the trial court of jurisdiction over any other claims pending in the same action."

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 26th day of July, 2013.

 

 

                                                                    s/  Philip E. Berger

                                                                         Senate President Pro Tempore

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Pat McCrory

                                                                         Governor

 

 

Approved 10:52 a.m. this 23rd day of August, 2013