Equitable Distribution Ruling by North Carolina Court of Appeals

The North Carolina Court of Appeals rendered a decision relating to equitable distribution. In the case of Bodie vs. Bodie, the plaintiff appealed an equitable distrubution order which indicated on its face that it was a final decision on the issue of equitable distribution. Importantly, alimony was still pending at the time of the entry of the equitable distribution order. The North Carolina Court of Appeals ruled that the language in question did not satisfy Rule 54(b) and, therefore, the order was interlocutory and not yet appealable.

The plaintiff also argued that the equitable distribution order affected a substantial right and should therefore be immediately appealable. The plaintiff argued that the equitable distribution order required him to make mortgage, tax and insurance payments. The North Carolina Court of Appeals held that it was still interlocutory.

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