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SMITHWICK v. FRAME

No. 8211DC638.

303 S.E.2d 217 (1983)

Douglas R. SMITHWICK v. Lawrence FRAME and wife, Lorraine Frame.

Court of Appeals of North Carolina.

June 7, 1983.

Attorney(s) appearing for the Case

Morgan, Bryan, Jones & Johnson by Robert C. Bryan, Dunn, for plaintiff-appellee.

Bain & Capps by Edgar R. Bain and Elaine F. Capps, Lillington, for defendants-appellants.

HILL, Judge.

The 9 December 1981 Order, finding defendants in contempt, is challenged by defendants on the grounds that the court lacked jurisdiction under G.S. 5A-23 to consider the issue of contempt. The contempt order reserved punishment of defendants until final disposition of the child custody matter. In its 21 December 1981 order, disposing of the child custody matter, the court, at the request of plaintiff, elected not to punish defendants for contempt. Since...

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