REAL PARTY IN INTEREST
RECORD ON APPEAL
REFORMATION (OF A CONTRACT)
There are “three circumstances under which reformation [is]available as a remedy: (1)mutual mistake of the parties; (2)mistake of one party induced by fraud of the other; and (3)mistake of the draftsman.” Willis v. Willis, 365 N.C. 454, 457,722 S.E.2d 505, 507 (2012).
RETROACTIVE CHILD SUPPORT
Child support awarded for that period of time prior to the date on which a party files a complaint or motion for child support is properly classified as retroactive child support. Respess v. Respess, 232 N.C. App. 611, 628, 754 S.E.2d 691, 702 (2014).
The Child Support Guidelines specifically authorize trial courts to use the Guidelines for calculating a retroactive child support obligation.
RIGHTS ARISING OUT OF THE MARRIAGE RELATIONSHIP
RIGHT TO A SPEEDY APPEAL
In determining whether a defendant’s constitutional due process rights have been violated by delays in processing the appeal, the North Carolina Courts consider the following factors: “(1) the length of the delay; (2) the reason for the delay; (3) defendant’s assertion of his right to a speedy appeal; and (4) any prejudice to defendant.” State v. China, 150 N.C. App. 469, 473, 564 S.E.2d 64, 68 (2002)(citing State v. Hammonds, 141N.C. App. 152, 158, 541 S.E.2d 166, 172 (2000)). No one factor is dispositive; the factors are related and are considered along with other relevant circumstances. Id.Here, the nineteen-year delay