{ "id": 6767445, "name": "IN THE MATTER OF K.A., E.A., AND K.A.", "name_abbreviation": "In re K.A.", "decision_date": "2014-04-01", "docket_number": "No. COA13-972", "first_page": "119", "last_page": "128", "citations": [ { "type": "official", "cite": "233 N.C. App. 119" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "616 S.E.2d 264", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633480 ], "weight": 2, "year": 2005, "pin_cites": [ { "page": "273" } ], "opinion_index": 0, "case_paths": [ "/se2d/616/0264-01" ] }, { "cite": "643 S.E.2d 587", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12638100, 12638101 ], "year": 2007, "opinion_index": 0, "case_paths": [ "/se2d/643/0587-01", "/se2d/643/0587-02" ] }, { "cite": "636 S.E.2d 336", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12637005 ], "year": 2006, "pin_cites": [ { "page": "337", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/se2d/636/0336-01" ] }, { "cite": "614 S.E.2d 396", "category": "reporters:state_regional", "reporter": "S.E.2d", "case_ids": [ 12633142 ], "year": 2005, "pin_cites": [ { "page": "401", "parenthetical": "defining collateral estoppel without the privity element" } ], "opinion_index": 0, "case_paths": [ "/se2d/614/0396-01" ] }, { "cite": "172 N.C. App. 1", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8318580 ], "year": 2005, "pin_cites": [ { "page": "16" } ], "opinion_index": 0, "case_paths": [ "/nc-app/172/0001-01" ] }, { "cite": "281 S.E.2d 728", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1981, "pin_cites": [ { "page": "730" } ], "opinion_index": 0 }, { "cite": "53 N.C. App. 746", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8523499 ], "year": 1981, "pin_cites": [ { "page": "750" } ], "opinion_index": 0, "case_paths": [ "/nc-app/53/0746-01" ] }, { "cite": "361 N.C. 345", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 3745269 ], "year": 2007, "opinion_index": 0, "case_paths": [ "/nc/361/0345-01" ] }, { "cite": "180 N.C. App. 221", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8240871 ], "year": 2006, "pin_cites": [ { "page": "222", "parenthetical": "citation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/180/0221-01" ] }, { "cite": "33 S.E.2d 753", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1945, "pin_cites": [ { "page": "755", "parenthetical": "\"Ordinarily, in civil matters, the burden of the issue is required to be carried only by the preponderance or greater weight of the evidence _\"" } ], "opinion_index": 0 }, { "cite": "225 N.C. 178", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8602488 ], "year": 1945, "pin_cites": [ { "page": "181", "parenthetical": "\"Ordinarily, in civil matters, the burden of the issue is required to be carried only by the preponderance or greater weight of the evidence _\"" } ], "opinion_index": 0, "case_paths": [ "/nc/225/0178-01" ] }, { "cite": "N.C. Gen. Stat. \u00a7 50-13.5", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "year": 2013, "pin_cites": [ { "page": "(a)", "parenthetical": "\"The procedure in actions for custody and support of minor children shall be as in civil actions .. ..\"" } ], "opinion_index": 0 }, { "cite": "579 S.E.2d 571", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2003, "opinion_index": 0 }, { "cite": "357 N.C. 65", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 491553, 491785, 491498, 491756, 491566, 491448, 491418 ], "year": 2003, "opinion_index": 0, "case_paths": [ "/nc/357/0065-05", "/nc/357/0065-03", "/nc/357/0065-04", "/nc/357/0065-07", "/nc/357/0065-01", "/nc/357/0065-06", "/nc/357/0065-02" ] }, { "cite": "572 S.E.2d 863", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2002, "pin_cites": [ { "page": "865", "parenthetical": "\"It is clear that the difference in the relative burdens of proof in the criminal and civil actions precludes the application of the doctrine of collateral estoppel.\"" }, { "page": "865" } ], "opinion_index": 0 }, { "cite": "154 N.C. App. 727", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9252002 ], "weight": 2, "year": 2002, "pin_cites": [ { "page": "729", "parenthetical": "\"It is clear that the difference in the relative burdens of proof in the criminal and civil actions precludes the application of the doctrine of collateral estoppel.\"" }, { "page": "729" } ], "opinion_index": 0, "case_paths": [ "/nc-app/154/0727-01" ] }, { "cite": "535 S.E.2d 388", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2000, "pin_cites": [ { "page": "395", "parenthetical": "\"Mutuality of parties is no longer required when invoking either offensive or defensive collateral estoppel....\"" } ], "opinion_index": 0 }, { "cite": "140 N.C. App. 45", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 12121503 ], "year": 2000, "pin_cites": [ { "page": "54", "parenthetical": "\"Mutuality of parties is no longer required when invoking either offensive or defensive collateral estoppel....\"" } ], "opinion_index": 0, "case_paths": [ "/nc-app/140/0045-01" ] }, { "cite": "570 S.E.2d 781", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2002, "pin_cites": [ { "page": "783", "parenthetical": "\"For collateral estoppel to bar [the] plaintiffs action, [the] defendants must show ... (4) both parties are either identical to or in privity with a party or the parties from the prior suit.\"" } ], "opinion_index": 0 }, { "cite": "153 N.C. App. 797", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9251802 ], "year": 2002, "pin_cites": [ { "page": "799", "parenthetical": "\"For collateral estoppel to bar [the] plaintiffs action, [the] defendants must show ... (4) both parties are either identical to or in privity with a party or the parties from the prior suit.\"" } ], "opinion_index": 0, "case_paths": [ "/nc-app/153/0797-01" ] }, { "cite": "171 N.C. App. 187", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8436029 ], "year": 2005, "pin_cites": [ { "page": "192-93", "parenthetical": "defining collateral estoppel without the privity element" } ], "opinion_index": 0, "case_paths": [ "/nc-app/171/0187-01" ] }, { "cite": "528 S.E.2d 17", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 2000, "pin_cites": [ { "page": "22", "parenthetical": "holding that \"the elements of collateral estoppel were satisfied\" when, inter alia, \"the district attorney is in privity with the Attorney General\"" }, { "page": "20" } ], "opinion_index": 0 }, { "cite": "351 N.C. 620", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 1155739 ], "year": 2000, "pin_cites": [ { "page": "626", "parenthetical": "holding that \"the elements of collateral estoppel were satisfied\" when, inter alia, \"the district attorney is in privity with the Attorney General\"" } ], "opinion_index": 0, "case_paths": [ "/nc/351/0620-01" ] }, { "cite": "488 S.E.2d 838", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1997, "pin_cites": [ { "page": "840" } ], "opinion_index": 0 }, { "cite": "127 N.C. App. 266", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11794534 ], "year": 1997, "pin_cites": [ { "page": "269" } ], "opinion_index": 0, "case_paths": [ "/nc-app/127/0266-01" ] }, { "cite": "349 S.E.2d 552", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1986, "pin_cites": [ { "page": "557", "parenthetical": "\"Traditionally, courts limited the application of both [res judicata and collateral estoppel] to parties or those in privity with them by requiring so-called 'mutuality of estoppel:' both parties had to be bound by the prior judgment.\"" }, { "page": "560" } ], "opinion_index": 0 }, { "cite": "318 N.C. 421", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4736107 ], "year": 1986, "pin_cites": [ { "page": "429", "parenthetical": "\"Traditionally, courts limited the application of both [res judicata and collateral estoppel] to parties or those in privity with them by requiring so-called 'mutuality of estoppel:' both parties had to be bound by the prior judgment.\"" } ], "opinion_index": 0, "case_paths": [ "/nc/318/0421-01" ] } ], "analysis": { "cardinality": 937, "char_count": 24234, "ocr_confidence": 0.704, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.18201505184279085 }, "sha256": "2c3594c63374b58add74d9e33989de62f90c624f860629d8f628d0ae80fddb1a", "simhash": "1:39c6066e4ecbac62", "word_count": 3845 }, "last_updated": "2023-07-14T17:57:00.832613+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges CALABRIA and ELMORE concur." ], "parties": [ "IN THE MATTER OF K.A., E.A., AND K.A." ], "opinions": [ { "text": "STEPHENS, Judge.\nFactual Background and Procedural History\nThis case arises from an adjudication of neglect and dependency in Mecklenburg County District Court. Three minor children, referred to as \u201cKatie,\u201d \u201cElliot,\u201d and \u201cKaren\u201d in this opinion, were the subject of the hearing. Their parents, Respondent-Mother and \u201cthe father,\u201d were married on or about 30 July 1994 and separated on or about 11 December 2010. Prior to separation, Respondent-Mother \u201cbecame determined to prove [that the father] had molested all three minor children.\u201d\nOn 20 December 2010, Respondent-Mother initiated a custody action and filed a motion for a domestic violence protective order. The parties reached a consent order in the domestic violence matter in February of 2011. On 19 September 2012, the Mecklenburg County District Court, Judge Christy T. Mann presiding, entered a permanent civil custody order. The court found that \u201c[i]t [was] highly unlikely that [Karen] ha[d] been molested or abused by [the father]\u201d and that Respondent-Mother had \u201cperpetuated a false set of beliefs onto the children which they now believe.\u201d The court placed the juveniles in the father\u2019s legal custody, but ordered the children and the father to \u201cundergo intensive counseling with therapists to prepare them for the transition from [Respondent-Mother\u2019s] home to [the father\u2019s] home,\u201d given the \u201csignificant psychological damage\u201d suffered by the children as a result of the parties\u2019 divorce and the Respondent-Mother\u2019s attempts to alienate the children from the father. On 6 November 2012, the court entered a second custody order placing Katie and Elliot in the father\u2019s physical custody and ordering therapy to allow Karen to be placed with the father. The order also provided that Respondent-Mother could only visit with Katie and Elliot under supervision. The record indicates that neither party appealed the custody orders.\nSeven days later, on 13 November 2012, Petitioner Mecklenburg County Department of Social Services, Youth & Family Services (\u201cYFS\u201d), filed a juvenile petition alleging that all three juveniles were abused, neglected, and dependent. The petition recited certain findings from the trial court\u2019s 19 September 2012 civil custody order and alleged that, \u201c[d]uring one of the . . . therapy sessions, [which were ordered so that Karen could be returned to her father\u2019s care, Karen] attacked [the] father and had to be pulled off of him by a therapist.\u201d The petition also alleged that Elliot had accused the father of sexual abuse, but noted that the accusation was \u201csuspect.\u201d\nOn 20 November 2012, the trial court entered a nonsecure custody-order placing Karen in foster care. The court also determined that Katie and Elliot would remain with the father, noting that \u201cYFS ha[d] taken appropriate steps to assess the safety of the two children remaining in the father\u2019s care [and] enter[ed] into a safety plan with the father to ensure the children\u2019s continued safety.\u201d In addition, the trial court found there was a reasonable factual basis to believe the allegations in the petition and that placement in foster care was the most appropriate arrangement as to Karen. Lastly, the court noted that \u201c[Respondent-Mother] is collaterally estopped from re-litigating the issues adjudicated by Judge Mann. YFS shall begin the [Interstate Compact on the Placement of Children] process for the maternal grandparents[,] but the [c]ourt will not consider temporary custody with them.\u201d\nThe petition came on for hearing on 14 January 2013. At the outset of the hearing, the trial court orally re-stated its determination that Respondent-Mother \u201cwould be collaterally estopped from re-litigating those issues that were litigated by those parties as Petitioner and [Respondent-Mother] in a child custody action before the Honorable Christy T. Mann in 10 CVD 25443.\u201d The court also received documents from the civil custody case into evidence. The father stipulated to a mediated petition agreement, but YFS offered no further evidence at adjudication. Respondent-Mother called several -witnesses, including the father. During the presentation of evidence, the trial court sustained a number of objections to Respondent-Mother\u2019s questions about the father\u2019s alleged abuse of the juveniles on grounds that Respondent-Mother was collaterally estopped from re-litigating that issue.\nThe trial court entered an adjudication and disposition order on 11 March 2013 and an amended adjudication order on 19 April 2013. In the amended order, the trial court found as fact that \u201c[t]he [c]ourt has previously ruled that the parents are collaterally [e]stopped from re-litigating issues which have already been ruled upon in the custody case. The [c]ourt takes judicial notice of the findings made by Judge Mann and those findings are incorporated herein.\u201d Given the findings of fact in its order, the trial court adjudicated all three juveniles neglected and additionally adjudicated Karen dependent. The trial court entered a dis-positional order on 14 June 2013, providing that Karen would remain in the legal custody of YFS and continue treatment \u201cin order to change her false beliefs about her father so she can be reintegrated into his home.\u201d Respondent-Mother appeals.\nDiscussion\nRespondent-Mother appeals from the trial court\u2019s adjudication and disposition orders on grounds that the trial court (1) erroneously found that Respondent-Mother was collaterally estopped and/or barred by the doctrine of res judicata? from litigating the allegations in the petition that were addressed in the 19 September 2012 civil custody order or, in the alternative, (2) failed to make sufficient findings of fact to support its adjudication order. We reverse the adjudication and disposition orders on grounds that the trial court erred by invoking the doctrine of collateral estoppel and remand for further proceedings consistent with this opinion.\nI. Appellate Review\nAs a preliminary matter, we address YFS\u2019s argument that Respondent-Mother failed to preserve her first argument for appellate review because she did not object when the trial court stated at the beginning of the hearing that collateral estoppel would work to bar re-litigation of those issues raised and determined in the custody case. For support, YFS points out that, during a discussion of res judicata and collateral estoppel, counsel for Respondent-Mother \u201cstate[d] that she [was] not re-litigating any of the issues decided by Judge Mann\u201d and even stated in her closing argument that she \u201cobviously accepted\u201d the collateral estoppel ruling. These statements are taken out of context and do not accurately represent what occurred at the hearing.\nRule 10(a)(1) of the North Carolina Rules of Appellate Procedure provides that\n[i]n order to preserve an issue for appellate review, a party must have presented to the trial court a timely request, objection, or motion, stating the specific grounds for the ruling the party desired the court to make if the specific grounds were not apparent from the context. It is also necessary for the complaining party to obtain a ruling upon the party\u2019s request, objection, or motion....\n3. The record indicates that, despite Respondent-Mother\u2019s argument, the trial court relied exclusively on the doctrine of collateral estoppel to bar litigation on the relevant allegations in the petition, not res judicata. Therefore, we tailor our analysis to her collateral estoppel argument.\nN.C.R. App. P. 10(a)(1).\nRelevant to the preservation issue, the following colloquy occurred between counsel for Respondent-Mother, the father, counsel for the father, and the court during the 14 January 2013 hearing:\n[COUNSEL FOR RESPONDENT-MOTHER:] These allegations, when did they first surface?\n[THE FATHER:] Which allegations axe you referring to?\n[COUNSEL FOR RESPONDENT-MOTHER:] Sexual abuse.\n[THE FATHER:] Approximately December of 2010.\n[COUNSEL FOR RESPONDENT-MOTHER:] And what \u2014 when it surfaced, what did you offer to do?\n[COUNSEL FOR THE FATHER]: I\u2019m gonna object. I don\u2019t know how far we\u2019re gonna go with this. My understanding is the only allegation that would be relevant here is the one that\u2019s in the petition .... Everything else would have been covered by the previous orders of Judge Christy Mann and should be collaterally estopped....\nTHE COURT: AU. right. So you\u2019re objecting to this evidence on the basis that [Respondent-Mother] would be collaterally estopped from re-litigating it?\n[COUNSEL FOR THE FATHER]: Collaterally estopped or res judicata or beyond the scope.\nTHE COURT: All right. The objection is sustained.\n[COUNSEL FOR RESPONDENT-MOTHER]: May I be heard?\nTHE COURT: Yes. What is your argument for the admissibility of this evidence?\n[COUNSEL FOR RESPONDENT-MOTHER]: Well, the issue I\u2019m trying to ask him about actually was not provided in any of the orders. I asked him what he did. There\u2019s nothing about what he did.\nAnd my position is collateral estoppel does not apply or res judicata in these proceedings. For res judicata or collateral estoppel to apply, the [c]ourt has to find that the parties are identical, the issues are identical, and we don\u2019t have that here. You had a \u2014 you had a civil action between [the father] and [Respondent-Mother] in civil court.\nIn this court, you have \u2014 and that was with [Respondent-Mother] as the plaintiff and [the father] as the defendant. We are in juvenile court. A different statute applies, which is the 7B statute. You have different parties now. You don\u2019t have [Respondent-Mother] bringing an action against [the father].\nYou have [YFS] as the petitioner in this case. You have the Guardian ad Litem\u2019s office ... representing the children. You have the mother and the father ... as respondents in this action. So I say there is no identity of parties. The issues are not the same.\nI\u2019m not re-litigating anything, and there are additional allegations in the petition that are not referenced here....\nI met with [counsel for YFS] on Friday when I was getting my discovery, and I said, I don\u2019t have any police reports, I don\u2019t have any of this. [He s]aid, well, I\u2019m not going to be offering any of those. And now we have a stipulation dealing with police reports. And if the [c]ourt adopts that stance, [Respondent-Mother] cannot litigate anything.\nI say there\u2019s no identity of parties and there\u2019s no res judi-cata as far as what I\u2019m questioning. There\u2019s some things that I\u2019m not going to be re-litigating, but I asked him specifically when the allegations surfaced what did you do. He took certain steps that I know weren\u2019t reflected in any of the orders, and I think I should be allowed to ask that.\nAnd I clearly wasn\u2019t a party to that proceeding. My client was unrepresented in the civil proceeding.\nTHE COURT: All right. Well, the Honorable Christy T. Mann presided over a hearing July 10th through 11th, 2012.... And so I\u2019m going to conclude that [Respondent-Mother] should not be allowed to re-litigate those factual allegations in this proceeding.... So the objection is sustained.\n(Italics added). Later, in her closing argument, counsel for Respondent-Mother made the following comment:\n[COUNSEL FOR RESPONDENT MOTHER]:...\nWhile I feel that the Court has ruled that we can\u2019t litigate anything because of collateral estoppel and res judicata, which obviously we have accepted, I feel my hands are tied. I\u2019m not really properly able to argue but. . . that the petition be dismissed....\n(Italics added). This is clearly sufficient to preserve review of the collateral estoppel issue under Rule 10.\nWhen counsel for the father sought to halt questioning on the issue of the alleged abuse, counsel for Respondent-Mother made a clear, cogent argument for why she objected to the trial court\u2019s application of the collateral estoppel rule. Afterward, the court specifically ruled against her. As the hearing continued, counsel for Respondent-Mother maintained that she did not believe her line of questioning was barred by the doctrines of res judicata or collateral estoppel. Indeed, a reading of counsel\u2019s closing argument in context makes it clear that she \u201caccepted\u201d the trial court\u2019s ruling only to the extent that she had to do so in order to try the case, not because she believed the ruling was correct. For these reasons, we hold that this issue was properly preserved for appellate review under Rule 10. Therefore, YFS\u2019s preservation argument is overruled.\nII. Collateral Estoppel\nIn her first argument on appeal, Respondent-Mother contends the trial court prejudicially erred by finding in the 19 April 2013 neglect order that she was collaterally estopped from re-litigating the issues addressed in the 19 September 2012 civil custody order because the neglect hearing and the custody hearing involved different parties and different burdens of proof. In response, YFS asserts that (1) mutuality of parties is no longer a requirement for collateral estoppel, (2) North Carolina law allows the application of the collateral estoppel doctrine despite the different burdens of proof in juvenile cases under Chapters 7B and 50, and (3) any error that the trial court made in applying the doctrine of collateral estoppel is harmless. The Guardian ad Litem contends that, even though mutuality is no longer a requirement for collateral estoppel, the trial court erred in applying the doctrine because of the different burdens of proof between this case and the civil custody case. Nonetheless, the Guardian ad Litem asserts that the trial court\u2019s error is harmless. After a thorough review of the case, we conclude that the trial court prejudicially erred in applying the doctrine of collateral estoppel. Accordingly, we reverse the order of the trial court and remand for further proceedings.\nUnder the traditional definition of collateral estoppel, our Supreme Court has said in Thomas M. Mclnnis & Assocs., Inc. v. Hall that \u201ca final judgment on the merits prevents re[ ]litigation of issues actually litigated and necessary to the outcome of the prior action in a later suit involving a different cause of action between the parties or their privies.\u201d 318 N.C. 421, 429, 349 S.E.2d 552, 557 (1986) (\u201cTraditionally, courts limited the application of both [res judicata and collateral estoppel] to parties or those in privity with them by requiring so-called \u2018mutuality of estoppel:\u2019 both parties had to be bound by the prior judgment.\u201d) (citation omitted). After explaining the traditional definition of collateral estoppel, however, the Supreme Court went on to decide that there was \u201cno good reason for continuing to require mutuality of estoppel\u201d and abolished the requirement as a defensive tactic. Id. at 434, 349 S.E.2d at 560. Relying on that decision, this Court has since stated that \u201cmutuality of parties is no longer required when invoking either offensive or defensive collateral estoppel,\u201d intending to abolish the element altogether. Rymer v. Estate of Sorrells, 127 N.C. App. 266, 269, 488 S.E.2d 838, 840 (1997). These are the cases relied on by the Guardian ad Litem and YFS to support their assertion that mutuality is no longer an element of collateral estoppel.\nInexplicably, however, our Supreme Court has since defined the doctrine of collateral estoppel using the traditional definition, providing a lengthy analysis of the mutuality element. See State v. Summers, 351 N.C. 620, 626, 528 S.E.2d 17, 22 (2000) (holding that \u201cthe elements of collateral estoppel were satisfied\u201d when, inter alia, \u201cthe district attorney is in privity with the Attorney General\u201d). Though the Summers court cites Hall, it does not discuss the apparent divergence from Hall and Rymer on the issue of mutuality. See id. at 622, 528 S.E.2d at 20. The result is that our courts have defined collateral estoppel variously, applying the privity element in some cases and refraining to do so in others. See, e.g., Youse v. Duke Energy Corp., 171 N.C. App. 187, 192-93, 614 S.E.2d 396, 401 (2005) (defining collateral estoppel without the privity element); Bee Tree Missionary Baptist Church v. McNeil, 153 N.C. App. 797, 799, 570 S.E.2d 781, 783 (2002) (\u201cFor collateral estoppel to bar [the] plaintiffs action, [the] defendants must show ... (4) both parties are either identical to or in privity with a party or the parties from the prior suit.\u201d) (citations omitted); In re Foreclosure of Azalea Garden Bd. & Care, Inc., 140 N.C. App. 45, 54, 535 S.E.2d 388, 395 (2000) (\u201cMutuality of parties is no longer required when invoking either offensive or defensive collateral estoppel....\u201d).\nWe need not resolve the mutuality issue here. Even if privity is not a requirement of collateral estoppel, the trial court erroneously applied the doctrine because of the different burdens of proof used in custody and neglect hearings. As Respondent-Mother points out and the Guardian ad Litem concedes, \u201ccase law is well[ ]settled that collateral estoppel cannot apply where the proceedings involve a different burden of proof.\u201d See, e.g., State v. Safrit, 154 N.C. App. 727, 729, 572 S.E.2d 863, 865 (2002) (\u201cIt is clear that the difference in the relative burdens of proof in the criminal and civil actions precludes the application of the doctrine of collateral estoppel.\u201d) (citations and internal quotation marks omitted), disc. review denied, 357 N.C. 65, 579 S.E.2d 571 (2003). YFS\u2019s unsupported assertion that \u201ccivil actions intertwined around the best interests] of the juveniles\u201d are somehow exempt from this precept is without merit.\nHere, the burden of proof in the custody action was preponderance of the evidence. N.C. Gen. Stat. \u00a7 50-13.5(a) (2013) (\u201cThe procedure in actions for custody and support of minor children shall be as in civil actions .. ..\u201d); McCorkle v. Beatty, 225 N.C. 178, 181, 33 S.E.2d 753, 755 (1945) (\u201cOrdinarily, in civil matters, the burden of the issue is required to be carried only by the preponderance or greater weight of the evidence _\u201d) (citations omitted). The standard of proof for an adjudicatory order entered on a petition alleging abuse, neglect, or dependency in a juvenile matter, however, is \u201cclear and convincing evidence.\u201d N.C. Gen. Stat. \u00a7 7B-805 (2013); In re C.B., 180 N.C. App. 221, 222, 636 S.E.2d 336, 337 (2006) (citation omitted), affirmed per curiam, 361 N.C. 345, 643 S.E.2d 587 (2007). Therefore, we hold that the trial court erred by applying the doctrine of collateral estoppel in this case to bar Respondent-Mother\u2019s questions because the neglect hearing was held pursuant to a different burden of proof. See Safrit, 154 N.C. App. at 729, 572 S.E.2d at 865.\nNevertheless, the Guardian ad Litem and YFS contend that such error was harmless. In support of this point, the Guardian ad Litem notes that \u201cthe trial court.. . properly found Karen to be neglected and dependent and the issue as to the neglect of Elliot and Katie is now moot.\u201d In addition, YFS points out that the trial court received \u201cother items\u201d into evidence beyond the testimony that was barred on grounds of collateral estoppel. Specifically, YFS points out that the court properly considered the father\u2019s mediated agreement, the father\u2019s testimony, testimony of the YFS social worker, and the Respondent-Mother\u2019s own evidence in determining that Katie and Elliot were neglected and that Karen was both neglected and dependent. We are unpersuaded.\nWhen the appellant in a civil case is seeking a new trial pursuant to prejudicial error, as here, the appealing party must \u201cenable the Court to see that [sjhe was prejudiced and that a different result would have likely ensued had the error not occurred.\u201d Hasty v. Turner, 53 N.C. App. 746, 750, 281 S.E.2d 728, 730 (1981). Respondent-Mother argues on appeal that she was prejudiced by the trial court\u2019s erroneous application of the collateral estoppel rule in this case because\nthe trial court sustained objections to questions asked by [Respondent-Mother]... to the point that the court limited the evidence to those orders in the [c]ustody [a]ction. The court did not allow any questioning of the allegations in the petition to the extent that they mirrored or related to the findings of fact made in orders in the [cjustody [a]ction.\nThis comports with our reading of the transcript. The trial court\u2019s erroneous application of the collateral estoppel rule made it impossible for Respondent-Mother to effectively contest the allegations made in the petition under the higher, clear and convincing evidence standard. For this reason, we cannot conclude that, if Respondent-Mother had been given the opportunity to contest all of the allegations made in the petition, a different result might not have ensued. Therefore, we reverse the trial court\u2019s order and remand for further proceedings consistent with this opinion.\nREVERSED and REMANDED.\nJudges CALABRIA and ELMORE concur.\n. Pseudonyms are used to protect the juveniles\u2019 identities.\n. In the 11 March 2013 order, the court elected to continue disposition in order to \u201cfully assess the most appropriate way to achieve the purpose of the [c]ourt\u2019s exercising jurisdiction over the children [by obtaining] more information about the needs of the children.\u201d Oddly, the 11 March 2013 adjudication and disposition order purports to continue the disposition hearing to 6 March 2013, an obvious impossibility that was repeated in the 19 April 2013 amended order. In any event, the 14 June 2013 disposition order makes clear that the hearing occurred on 16 May 2013.\n. The Guardian ad litem asserts that the trial court\u2019s order was nonetheless correct because it is permissible to taire judicial notice of findings of fact made in a previous order, which was decided under a different, lower standard of review, citing In re J.B., 172 N.C. App. 1, 16, 616 S.E.2d 264, 273 (2005) [hereinafter J.B.]. This is incorrect. In J.B. we held that a trial court may take judicial notice of \u201cprior disposition orders\u201d even though such orders were based on a lower evidentiary standard. Id. Taking judicial notice of the existence of an order or the disposition in that order is not the same thing as taking judicial notice of each of the facts resolved in that order. Here, the court did the latter.\n. Because we resolve this case on collateral estoppel grounds, we need not address Respondent-Mother\u2019s second, alternative argument.", "type": "majority", "author": "STEPHENS, Judge." } ], "attorneys": [ "Senior Associate Attorney Twyla Hollingsworth-Richardson for Mecklenburg County Department of Social Services, Youth & Family Services.", "Mercedes O. Chut for Respondent-Mother.", "Parker Poe Adams & Bernstein LLP, by Deborah L. Edney, for Guardian ad Litem." ], "corrections": "", "head_matter": "IN THE MATTER OF K.A., E.A., AND K.A.\nNo. COA13-972\nFiled 1 April 2014\n1. Appeal and Error \u2014 preservation of issues \u2014 proper objection made at trial\nRespondent mother properly preserved for appellate review her argument that the trial court erred in an abuse, neglect and dependency hearing by determining that respondent was collaterally estopped and/or barred by the doctrine of res judicata from re-litigating the allegations in a custody petition that were addressed in a civil custody order. Counsel for respondent made a clear, cogent argument at the hearing for why she objected to the trial court\u2019s application of the collateral estoppel rule.\n2. Collateral Estoppel and Res Judicata \u2014 collateral estoppel\u2014 not applicable \u2014 different burdens of proof in proceedings\nThe trial court erred in an abuse, neglect and dependency hearing by determining that respondent mother was collaterally estopped and/or barred by the doctrine of res judicata from re-litigating the allegations in a custody petition that were addressed in a civil custody order. Even if privity is not a requirement of collateral estoppel, the trial court erroneously applied the doctrine because of the different burdens of proof used in custody and neglect hearings. Moreover, the trial court\u2019s erroneous application of the collateral estoppel rule was prejudicial to respondent because it made it impossible for her to effectively contest the allegations made in the petition under the higher, clear and convincing evidence standard.\nAppeal by Respondent-Mother from orders entered 19 April 2013 and 14 June 2013 by Judge Elizabeth T. Trosch in Mecklenburg County District Court. Heard in the Court of Appeals 27 February 2014.\nSenior Associate Attorney Twyla Hollingsworth-Richardson for Mecklenburg County Department of Social Services, Youth & Family Services.\nMercedes O. Chut for Respondent-Mother.\nParker Poe Adams & Bernstein LLP, by Deborah L. Edney, for Guardian ad Litem." }, "file_name": "0119-01", "first_page_order": 129, "last_page_order": 138 }