In the Matter of David Martin and Stephanie Pelley
In the Matter of David Martin and Stephanie Pelley, No. 2014-0269 (N.H. Mar. 13, 2015).
The holding in the court’s own words
THE STATE OF NEW HAMPSHIRE SUPREME COURT In Case No. 2014-0269, In the Matter of David Martin and Stephanie Pelley, the court on March 13, 2015, issued the following order: Having considered the parties’ briefs and the record submitted on appeal, we conclude that oral argument is unnecessary in this case.
Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.
Opinion text
THE STATE OF NEW HAMPSHIRE
SUPREME COURT
In Case No. 2014-0269, In the Matter of David Martin and
Stephanie Pelley, the court on March 13, 2015, issued the
following order:
Having considered the parties’ briefs and the record submitted on appeal,
we conclude that oral argument is unnecessary in this case. See Sup. Ct. R.
18(1). The father, David Martin, appeals an order of the Circuit Court (Moore,
J.) that, among other things, found him in contempt for having failed to pay
child support, denied his motion to modify child support, and awarded
attorney’s fees to the mother, Stephanie Pelley. We vacate the trial court’s
order because it appears from the record submitted on appeal that: (1) the
father’s motion to modify was neither noticed for hearing nor argued at the
hearing; and (2) the court’s rulings with regard to that motion are intertwined
with its rulings on the mother’s contempt motion and its award of attorney’s
fees. We remand for further proceedings consistent with this order.
Vacated and remanded.
Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.
Eileen Fox,
Clerk