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PHILLIPS v. PHILLIPS

No. 7928DC953.

265 S.E.2d 441 (1980)

Jean PHILLIPS v. Ronnie D. PHILLIPS.

Court of Appeals of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Elmore & Elmore by Bruce A. Elmore, Jr., Asheville, for plaintiff-appellee.

Riddle, Shackelford & Hyler by George B. Hyler, Jr., Asheville, for defendant-appellant.

ROBERT M. MARTIN, Judge.

Defendant first contends that the court erred in hearing the motion for summary judgment in this cause when the motion was filed in 77 CVM 2317 rather than in this cause which is 78 CVD 1226.

When this case was called for trial, plaintiff requested a hearing on her motion for summary judgment. Defendant objected on the ground that there was no motion for summary judgment pending in this...

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