BRITT v. BRITT

No. 807DC399.

271 S.E.2d 921 (1980)

49 N.C. App. 463

Henry M. BRITT, Jr. v. Shirley B. BRITT.

Court of Appeals of North Carolina.

November 18, 1980.


Attorney(s) appearing for the Case

Moore, Diedrick, Whitaker & Carlisle by J. Edgar Moore, Rocky Mountain, for plaintiff.

Hopkins & Allen by Grover Prevatte Hopkins, Tarboro, for defendant.


HARRY C. MARTIN, Judge.

This case was before the Court of Appeals more than two years ago on the issue of whether the trial court had the authority to modify the alimony awarded in the consent judgment contrary to the express language of the separation agreement. At that time we held that "the judgment in question is actually an adjudication by the court which is enforceable by contempt and subject to modification upon a change of conditions rather than a contract...

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