Dear spouse:

Greetings. First, I will not say anything negative here about any judge…as I respect the difficulty of making decisions for other people that are so diametrically opposed. Now, I am not sure what your question is. When a case is remanded (sent back) by the court of appeals, it is always sent back to the judge who made the decision. I cannot imagine that any trial judge, no matter the case, would be happy about their decision being overruled and remanded. So, it will have to go to the same judge as they were the ones to hear the situation.

If you have an issue like child custody or alimony - then you have the right to have a jury involved in the original trial to ensure that you get a panel of people to make a decision. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I won an appeal for an alimony issue which will be reheard at the end of March. The judge that we aon the appeal against was not happy with the filling on the appeal and I believe that he is using his beliefs and feelings in establisihing the amount of alimony anf lenght of alimony. My attorney can not find any other case that have been handed down with such harsh and lenght of time. I know that each case is to stand on its own but when this judge expressed to my attorney the unhappiness of this appeal it seems to be uneventful to have the same person that made the error rehear the case. He is almost ready to retire and has not handled this phase in any other cases.