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HEIDLER v. HEIDLER

No. 7821DC1038.

256 S.E.2d 833 (1979)

42 N.C. App. 481

John HEIDLER v. Bonnie HEIDLER.

Court of Appeals of North Carolina.

July 31, 1979.

Attorney(s) appearing for the Case

Randolph & Randolph by Clyde C. Randolph, Jr., Winston-Salem, for plaintiff-appellant.

Pfefferkorn & Cooley by David A. Wallace and J. Wilson Parker, Winston-Salem, for defendant-appellee.

PARKER, Judge.

The plaintiff assigns error to the trial court's failure to submit issues of fact to a jury. The plaintiff contends that this failure constituted reversible error because plaintiff had not given his consent to the withdrawal of defendant's jury trial demand as required by G.S. 1A-1, Rule 38(d). We agree and reverse.

Rule 38(d) provides:

Waiver.—Except in actions wherein jury trial cannot be waived, the failure of a party...

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