Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Simms v. Bolger

Court of Appeals of North Carolina

March 19, 2019

SHANEEKQUA SIMMS, Plaintiff
v.
LEROY BOLGER, Defendant

          Heard in the Court of Appeals 14 January 2019.

          Appeal by Defendant from Order entered 15 March 2018 by Judge Kimberly Best in Mecklenburg County No. 09 CVD 28068 District Court.

          Arnold & Smith, PLLC, by Matthew R. Arnold, for plaintiff-appellee.

          Plumides, Romano, Johnson & Cacheris, P.C., by Richard B. Johnson, for defendant-appellant.

          HAMPSON, JUDGE.

         Factual and Procedural Background

         Leroy Bolger (Defendant) appeals from an Order holding him in civil contempt for willfully failing to pay an award of attorneys' fees included in a child support award during the pendency of his appeal of the child support award. Relevant to this appeal, the Record tends to establish the following:

         This case stems from its companion case, Simms v. Bolger, ___ N.C.App. ___, ___ S.E.2d ___ (2019) (COA18-551) (Simms I). Defendant and Shaneekqua Simms (Plaintiff) are the parents of a minor child. On 26 May 2010, the Mecklenburg County District Court entered an Order establishing Defendant's paternity of the minor child and establishing Defendant's child support obligation.

         On 2 June 2017, the trial court entered an Order (the June Order) modifying permanent child support, requiring Defendant to pay a lump sum child support payment to a trust for the minor child, establishing Defendant's arrearages owed to Plaintiff, and awarding attorneys' fees to Plaintiff in the amount of $25, 000. On 12 June 2017, Defendant filed a Motion to Reconsider and Revise the June Order asserting grounds under N.C. R. Civ. P. 52, 59 and 60.

         On 26 July 2017, Plaintiff filed a Verified Motion for Civil Contempt, alleging Defendant's failure to pay monthly child support payments, to pay child support arrearages, to establish a trust for the benefit of the minor child, and to pay attorneys' fees, as required by the June Order. On 27 July 2017, the trial court entered an order requiring Defendant to appear and show cause as to why he should not be held in contempt. The same day, the trial court entered an Order granting in part Defendant's Motion to Reconsider and Revise (the July Order).

         Subsequently, on 20 November 2017, the trial court entered another Order (the November Order), partially modifying the June Order by adjusting Defendant's monthly child support obligation, adjusting his arrearages owed, and directing the lump sum child support payment to a custodial account. The trial court ordered Defendant to pay additional attorneys' fees in the amount of $16, 240. On 11 December 2017, Defendant filed Notice of Appeal from the June, July and November Orders. These Orders are the subject of Simms I.

         On 26 January 2018, Defendant filed a Motion to Stay, requesting the trial court set a bond to stay enforcement of the lump sum child support award and the arrearages owed to Plaintiff pending the appeal in Simms I. Defendant did not seek a stay of the attorneys' fee awards pending appeal.

         On 5 February 2018, Plaintiff filed an Amended Verified Motion for Civil Contempt. The Amended Motion alleged Defendant had still failed to pay ongoing child support, child support arrearages, and the lump sum payment ordered by the trial court, as well as the two different attorneys' fee awards. On 7 February 2018, the trial court entered another show cause order.

         On 12 March 2018, the trial court granted in part Defendant's Motion to Stay by permitting Defendant to post a cash bond of $100, 000 to stay ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.