Opinion · Court of Appeals of North Carolina

Holbrook v. Holbrook

38 N.C. App. 308

Type: Opinion
Court: Court of Appeals of North Carolina
Jurisdiction: North Carolina
Date: 1978-10-17
Topic: general

BROCK, Chief Judge. In the opinion filed this date in Holbrook v. Holbrook, 38 N.C. App. 303, 247 S.E. 2d 923 (1978), we affirmed the ruling of the Forsyth County Court in which defendant-husband had filed his divorce and custody action that defendant-husband was a resident of Forsyth County at the time he commenced his action there. Because defendant-husband’s action in Forsyth County was properly maintained there, and because we held in that opinion that G.S. 50-13.5(f) conferred exclusive jurisdiction of all custody matters on the Forsyth County Court until a final judgment should be entered, the Guilford County Court was without jurisdiction to consider this independent custody action or matters arising therein.

Citator

UpLaw has not yet analyzed Holbrook v. Holbrook. The absence of a flag is not a finding that it is good law.

BROCK, Chief Judge.

In the opinion filed this date in Holbrook v. Holbrook, 38 N.C. App. 303, 247 S.E. 2d 923 (1978), we affirmed the ruling of the Forsyth County Court in which defendant-husband had filed his divorce and custody action that defendant-husband was a resident of Forsyth County at the time he commenced his action there. Because defendant-husband’s action in Forsyth County was properly maintained there, and because we held in that opinion that G.S. 50-13.5(f) conferred exclusive jurisdiction of all custody matters on the Forsyth County Court until a final judgment should be entered, the Guilford County Court was without jurisdiction to consider this independent custody action or matters arising therein. The order of the District Court, Guilford *310 County, denying defendant-husband’s motion to dismiss is vacated, and this cause is remanded for entry of an order dismissing this action.

Vacated and remanded.

Judges Clark and Arnold concur.