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CLARK v. CLARK

No. 7424DC747.

209 S.E.2d 545 (1974)

23 N.C. App. 589

Marie Ponder CLARK v. Patricia Proffitt CLARK et al.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Gudger & Sawyer by Lamar Gudger, Asheville, and Ronald W. Howell, Marshall, for plaintiff-appellant.

Riddle & Shackelford, P. A. by John E. Shackelford, Asheville, for defendants-appellees.

MORRIS, Judge.

Plaintiff's first assignment of error relates to the denial of her motions to dismiss at the conclusion of the defendant's evidence and at the conclusion of all the evidence. Plaintiff concedes that, notwithstanding the intentions of the parties to restrict subsequent modifications of the consent judgment the District Court had authority to change the custody provisions therein. Thomas v. Thomas, 259 N.C. 461,

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