HAMILTON v. HAMILTON

No. 7722DC511.

245 S.E.2d 399 (1978)

36 N.C. App. 755

Dorothy B. HAMILTON v. Buford L. HAMILTON, Jr.

Court of Appeals of North Carolina.

June 20, 1978.


Attorney(s) appearing for the Case

Pope, McMillan & Bender, by Harold J. Bender and Constantine H. Kutteh, II, Statesville, for plaintiff appellee.

Sowers, Avery & Crosswhite, by William E. Crosswhite, Statesville, for defendant appellant.


MITCHELL, Judge.

The central issue presented by this appeal is whether the decree of absolute divorce, granted to the defendant in the prior separate hearing on his counterclaim, can be pled as a bar to the judgment awarding alimony in the subsequent hearing on the plaintiff's claim which initiated the action. We hold that it cannot.

The defendant appellant contends that the trial court erred in concluding that the plaintiff was the "dependent spouse" and...

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