Callanan v. Walsh, 228 N.C. App. 18

Parties entered a premarital agreement on 19 Oct 1997 agreeing plaintiff would receive $450,000 in any division of marital, divisible, or separate property.
The parties separated in 2000 and plaintiff filed for divorce on 6 Mar 2001; defendant sought post-separation support, alimony, and equitable distribution.
In 4 Feb 2004, a judgment treated the premarital agreement as marital debt; Callanan I reversed this treatment and remanded for findings on the $450,000.
On 6 Mar 2008, the court adjusted the judgment; 5 Nov 2008 order declared the 6 Mar 2008 order null and void and resulted in a mistrial; Callanan II vacated the mistrial portion and remanded for proceedings.
On 21 Sep 2010, the trial court held the $450,000 matter was a valid prenuptial agreement; plaintiff did not appeal this judgment.
On 10 Mar 2011, plaintiff filed suit seeking $450,000 and specific performance; defendant moved to dismiss asserting lack of subject matter jurisdiction and prior adjudication; the trial court denied the motion on 26 Sep 2011; the instant appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the superior court lacked subject matter jurisdiction.	Walsh argues ED proceedings already adjudicated the $450,000 issue.	Walsh contends ED invoked district court jurisdiction over the premarital issue, so superior court cannot adjudicate it.	Yes; the superior court lacked jurisdiction and dismissal was proper.

O’Neill v. Southern Nat’l Bank, 40 N.C. App. 227 (1979) (interlocutory appealability of 12(b)(6) denials and jurisdictional dismissals)
Meherrin Indian Tribe v. Lewis, 197 N.C. App. 380 (2009) (no immediate appeal from lack of subject matter jurisdiction)
Burgess v. Burgess, 205 N.C. App. 325 (2010) (district court controls marital and divisible property; superior court lacks jurisdiction over same issue)
Clements v. Clements, 725 S.E.2d 373 (2012) (same factual issues in ED and separate suit; risk of inconsistent verdicts)