The NC Supreme Court ruled in favor of the plaintiff, Andrea Kirby, a case that originally went against Kirby.
The Supreme Court had to consider whether the Court of Appeals erred by upholding the trial court’s distributive award in an equitable distribution action which contemplates the use of a spouse’s separate property.
Initially, the trial court determined that the property should be divided equally, and that, to accomplish this result, the plaintiff (Kirby) must pay the defendant (Crowell) a distributive award of $824,294.
To view the complete Decision and Order, click here
The ruling is a huge win for Kirby, said Thomas Bumgardner, of The Law Office of Thomas D. Bumgardner, who represented Kirby in the case.
“It’s always a pleasure to help a client be on the right side of the law. We are happy that the NC Supreme Court ruled in our favor after raising an additional issue for discretionary review pertaining to corporate standing under North Carolina’s equitable distribution statute. We thank the Court for allowing it,” said Thomas Bumgardner.
In sum, the North Carolina Supreme Court hold: (1) the Court of Appeals erred in upholding the trial court’s order directing plaintiff to liquidate her separate property to pay down the distributive award because it effectively distributed her separate property and (2) discretionary review of whether N.C.G.S. § 50-20 grants corporations standing to seek reimbursement for debts was improvidently allowed.
If the outcome of your family law case was not to your satisfaction, there is still hope to change it. Our law firm has a history of success with regards to family law appeals. Book an appointment with us and we will figure out the best course of legal action for you and your family. Email firstname.lastname@example.org or call us at 704-887-4981.