MacKENZIE v. MacKENZIE

No. 7426DC165.

204 S.E.2d 561 (1974)

21 N.C. App. 403

John B. MacKENZIE v. Diane Cox MacKENZIE.

Court of Appeals of North Carolina.

May 1, 1974.


Attorney(s) appearing for the Case

John G. Newitt, Jr., and Roger H. Bruny, Charlotte, for plaintiff appellant.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by A. Marshall Basinger, II, Charlotte, for defendant appellee.


VAUGHN, Judge.

The question presented is aptly posed by appellee as follows:

"Can the trial court refuse to exercise jurisdiction in a child custody action pursuant to NC GS 50-13.5(c)(5), and thereby dismiss the Plaintiff's action, and at the same time award the temporary custody of the children to either party ... and award attorney's fees...."

G.S. § 50-13.5 is as follows:

"If at any time...

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