SHOOK v. PEAVY

No. 7422DC531.

208 S.E.2d 433 (1974)

23 N.C. App. 230

Ross G. SHOOK et al. v. Mary W. PEAVY and the Iredell County Department of Social Services.

Court of Appeals of North Carolina.

October 3, 1974.


Attorney(s) appearing for the Case

Collier, Harris, Homesley, Jones & Gaines by Walter H. Jones, Jr., Mooresville, for plaintiffs appellees.

Pope, McMillan & Bender by W. H. McMillan, Statesville, for defendants appellants.


MARTIN, Judge.

Defendants argue that the temporary custody order of 8 March 1974, should be vacated in that it overrules an earlier order by another district judge, made on 28 February 1974, pursuant to a petition by the Department of Social Services to declare Terry Wayne Peavy a neglected child.

In its 8 March order, the trial court found "That on February 28, 1974, the issue of whether custody should be awarded...

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