DUNCAN v. DUNCAN

No. 450PA12.

742 S.E.2d 799 (2013)

Barbara R. DUNCAN v. John H. DUNCAN.

Supreme Court of North Carolina.

June 13, 2013.


Attorney(s) appearing for the Case

Siemens Family Law Group, Asheville, by Jim Siemens ; and Ruley Law Offices, by Douglas A. Ruley , for plaintiff-appellee.

Hyler & Lopez, P.A., by Stephen P. Agan and George B. Hyler, Jr. , Asheville, for defendant-appellant.


NEWBY, Justice.

Today we clarify the effect of an unresolved request for attorney's fees on an appeal from an order that otherwise fully determines the action. Once the trial court enters an order that decides all substantive claims, the right to appeal commences. Failure to appeal from that order forfeits the right. Because attorney's fees and costs are collateral to a final judgment on the merits, an unresolved request for attorney's fees and costs does not render...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases