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In re Alessandrini

Court of Appeals of North Carolina

February 17, 2015

IN THE MATTER OF: RAYMOND KYLE ALESSANDRINI, Custodian Under NC Uniform Transfers to Minors Act

Heard in the Court of Appeals: January 7, 2015.

Raymond Kyle Alessandrini, Pro se, for respondent.

Ferguson, Scarbrough, Hayes, Hawkins & DeMay, P.L.L.C., by John F. Scarbrough, for petitioners.

TYSON, Judge. Judges ELMORE and DAVIS concur.

OPINION

Page 215

Appeal by Petitioners from order entered 7 April 2014 by Judge Mark E. Klass in Rowan County Superior Court, No. 11 SP 151.

TYSON, Judge.

Michell Alessandrini, Ainsley Alesandrini and Vince Allesandrini (" petitioners" ) appeal from an order which denied their motion for summary judgment and granted summary judgment in favor of Raymond Alessandrini (" respondent" ). We affirm.

I. Background

In the 1990's, respondent's father established accounts for the benefit of respondent's three children pursuant to the Uniform Transfers to Minors Act (" UTMA" ). Respondent Raymond Alessandrini, their father, was named as the custodian. The bulk of the custodial funds are deposited in two Edward Jones accounts, one for the benefit of Ainsley, and the other for the benefit of Vince.

On 11 February 2011, the children's mother, petitioner Michell Alessandrini, filed a special proceeding on behalf of the children and petitioned the Rowan County Clerk of the Superior Court for an accounting. Petitioners alleged respondent had refused to produce the financial records of the accounts, refused to release funds to pay for expenses of the children, and improperly withdrew custodial funds. Petitioners filed an amended petition on 24 August 2012 to require respondent to fully account, immediately pay for certain expenses of the children, reimburse the accounts for any misappropriated funds, and to pay petitioners' attorney's fees and costs.

The matter was heard before the Clerk of the Rowan County Superior Court on 4 October 2012. The Clerk ordered respondent to file an accounting of funds. Respondent filed the accounting on 4 January 2013. The accounting showed that respondent withdrew $5,000.00 from the Edward Jones custodial account for the benefit of Ainsley by check dated 1 September 2009. He withdrew $22,749.97 from the Edward Jones custodial account for the benefit of Vince by check dated 22 July 2010.

Following respondent's filing, the Clerk of the Rowan County Superior Court recused himself from further participation due to an unrelated conflict of interest. Pursuant to a joint motion of the parties under N.C. Gen. Stat. § 7A-104(b), the superior court entered an order and removed the special proceeding to the superior court. On 28 February 2014, petitioners filed a motion for summary judgment for the relief requested in the 24 August 2012 amended petition. On 27 March 2014, respondent filed a cross motion for summary judgment.

The parties' motions for summary judgment were heard on 7 April 2014. The court found no genuine issue of material fact existed, denied petitioners' motion for summary judgment, and granted summary ...


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