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FRISSELL v. FRISSELL

No. 8010DC37.

266 S.E.2d 866 (1980)

Harry M. FRISSELL v. Eleanor Susan Lindley FRISSELL.

Court of Appeals of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

Ward & Smith by J. Randall Hiner, Havelock, for plaintiff-appellant.

Broughton, Wilkins & Crampton by Charles P. Wilkins and H. Julian Philpott, Jr., Raleigh, for defendant-appellee.

HARRY C. MARTIN, Judge.

The question raised on this appeal is whether plaintiff waived his right to a jury trial on the issue of permanent alimony. The district court, in its order denying plaintiff's motion to vacate the permanent alimony order, concluded as a matter of law that plaintiff had waived his right to a jury trial by his failure to appear, either personally or by counsel, when the issue of permanent alimony was decided by the district court.

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