ELMORE v. ELMORE

No. 8325DC137.

313 S.E.2d 904 (1984)

Ted C. ELMORE v. Janice W. ELMORE.

Court of Appeals of North Carolina.

April 17, 1984.


Attorney(s) appearing for the Case

Corne, Pitts, Corne & Grant, P.A. by Stanley J. Corne, Newton, for plaintiff-appellant.

Rudisill & Brackett, P.A. by J. Steven Brackett, Hickory, for defendant-appellee.


WHICHARD, Judge.

I.

The dispositive issue is whether, when the trial court directs a verdict denying an absolute divorce as a matter of law, the action abates upon the death of the plaintiff during pendency of his appeal. We hold that it does.

II.

Plaintiff (husband) brought this action against defendant (wife) for absolute divorce based on continuous separation for more than one year. Plaintiff's evidence, in brief summary, showed the...

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