{
  "id": 8553508,
  "name": "VERNA RUTH DOBBINS HOLBROOK v. HERBERT HOWARD HOLBROOK, JR.",
  "name_abbreviation": "Holbrook v. Holbrook",
  "decision_date": "1978-10-17",
  "docket_number": "No. 7718DC975",
  "first_page": "308",
  "last_page": "310",
  "citations": [
    {
      "type": "official",
      "cite": "38 N.C. App. 308"
    }
  ],
  "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": "247 S.E. 2d 923",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1978,
      "opinion_index": 0
    },
    {
      "cite": "38 N.C. App. 303",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8553489
      ],
      "year": 1978,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/38/0303-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "e99a0b3dbda561f781ef27e19057ae1baef863ff8c00028b5fa8c4534a7246fd",
    "simhash": "1:081d3eca828b3079",
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  "last_updated": "2023-07-14T21:32:33.594298+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Clark and Arnold concur."
    ],
    "parties": [
      "VERNA RUTH DOBBINS HOLBROOK v. HERBERT HOWARD HOLBROOK, JR."
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nIn 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\u2019s 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 County, denying defendant-husband\u2019s motion to dismiss is vacated, and this cause is remanded for entry of an order dismissing this action.\nVacated and remanded.\nJudges Clark and Arnold concur.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Tate and Bretzmann, by C. Richard Tate for plaintiff.",
      "Harold R. Wilson for defendant."
    ],
    "corrections": "",
    "head_matter": "VERNA RUTH DOBBINS HOLBROOK v. HERBERT HOWARD HOLBROOK, JR.\nNo. 7718DC975\n(Filed 17 October 1978)\nDivorce and Alimony \u00a7 23.2\u2014 divorce action \u2014 jurisdiction of child custody action\nWhere a divorce action was properly filed by plaintiff husband in Forsyth County, the courts of Forsyth County attained exclusive jurisdiction of any action for the custody or support of the parties\u2019 child until the entry of a final judgment in the divorce action, and the District Court of Guilford County had no jurisdiction to consider defendant wife\u2019s subsequent custody action or any matters arising therein.\nAppeal by defendant from Haworth, Judge. Order signed 9 June 1977, nunc pro tunc as of 3 June 1977. Heard in the Court of Appeals 30 August 1978.\nOn 6 May 1977 the defendant in this custody action initiated an action for divorce and custody in Forsyth County District Court. On 9 May 1977, plaintiff-wife filed this action in Guilford County seeking custody of and support for the parties\u2019 minor child. Upon plaintiff-wife\u2019s motion of 10 May 1977, the court ordered that she be given temporary custody of the child and set a hearing to determine permanent custody. On 24 and 31 May 1977, defendant-husband filed special appearance motions seeking a dismissal of plaintiff-wife\u2019s custody action on grounds that the Forsyth County Court in which he had filed his divorce and custody action prior to the initiation of plaintiff-wife\u2019s Guilford County custody action had exclusive jurisdiction of all custody matters arising between the parties. Plaintiff-wife filed an affidavit in response to these motions asserting that because defendant-husband had not been a resident of Forsyth County at the time he commenced his action for divorce and custody there, her independent custody action could be maintained. After conducting a hearing on defendant-husband\u2019s motions to dismiss, Judge Haworth signed an order finding that defendant-husband had not been a resident of Forsyth County at the time he commenced his action there, denying his motions to dismiss the action, and awarding custody of the parties\u2019 child to plaintiff-wife pending the outcome of defendant-husband\u2019s appeal of the ruling.\nTate and Bretzmann, by C. Richard Tate for plaintiff.\nHarold R. Wilson for defendant."
  },
  "file_name": "0308-01",
  "first_page_order": 336,
  "last_page_order": 338
}