LAUREN K. BROWN, Plaintiff,
MARQUIS SWARN, Defendant.
in the Court of Appeals 28 November 2017.
by Marquis Swarn from order entered 26 August 2016 by Judge
T. Mack Brittain in Transylvania County No. 14-CVD-318
Sutton Dezio for the Plaintiff-Appellee.
H. Barton, P.C., by Donald H. Barton, for the
K. Brown ("Mother") and Marquis Swarn
("Father") are the parents of a minor child,
Annie. Father appeals from the trial court's
second custody order entered in this matter. We hold that we
have jurisdiction over this appeal, notwithstanding that
Father noticed his appeal seven months after the second
custody order was entered. On the merits, we affirm.
2014, Mother commenced this action against Father, seeking
custody of their child, Annie.
April 2015, the trial court entered a Consent Order (the
"2015 Consent Order"), setting forth certain
custody terms as agreed to by the parties.
the course of the next year, Father allegedly violated the
2015 Consent Order by depriving Mother of some custody time.
To address Father's violation, in April 2016, Mother
filed a Motion to Show Cause and Modify Custody, in part, to
seek additional custody time with Annie to make up for the
custody time she had lost.
August 2016, the trial court entered a second custody order
entitled the Temporary Non-Prejudicial Custody Order (the
"2016 Order"). Seven months later, on 13 March
2017, Defendant filed written notice of appeal from the 2016
makes essentially two arguments challenging our appellate
jurisdiction in ...