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Must a Notice of Appeal from final judgment from ED be filed within 30 days, regardless of the pending claim for Alimony?

Charlotte, NC |

For the purpose of filing an Appeal from Final Judgment for Equitable Distribution and with a claim for Alimony still pending, must a Notice of Appeal be filed within 30 days regardless of the pending claim?

Must a "Notice of Appeal" be filed within 30 days even though taking the appeal would come after other claims are final?

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Attorney answers 2


Unless the court somehow "certified" an issue for appeal, you have to deal with the Alimony claim and any other pending claims, aside from attorney's fees, before you can appeal the Equitable Distribution judgment. This is known as an 'interlocutory' appeal, which will be dismissed until Alimony is determined.


N top of Mr. Soni's accurate response, you should know that appealing is very difficult and are designed to correct errors in law not to get another bite of the apple if you disagree with the judgment.