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GOLDEN v. GOLDEN

No. 7825DC1129.

258 S.E.2d 809 (1979)

43 N.C. App. 393

Carl D. GOLDEN, Jr. v. Vera E. GOLDEN.

Court of Appeals of North Carolina.

October 16, 1979.

Attorney(s) appearing for the Case

Rudisill & Brackett by J. Richardson Rudisill, Jr., Hickory, for plaintiff-appellant.

Hovey, Carter & Robbins by Sherwood J. Carter, Jr., Hickory, for defendant-appellee.

ERWIN, Judge.

We find it was proper for Judge Tate to consider plaintiff's motion to dismiss pursuant to Rule 12(b)(6) of the Rules of Civil Procedure as one for summary judgment and to consider matters off the face of the record after giving the parties reasonable opportunity to present all material pertinent to the disposition of the case by summary judgment. Smith v. Smith, 17 N.C. App. 416, 194 S.E...

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