PHILLIPS v. PHILLIPS

No. 843DC350.

326 S.E.2d 57 (1985)

George D. PHILLIPS v. Jane D. PHILLIPS.

Court of Appeals of North Carolina.

February 19, 1985.


Attorney(s) appearing for the Case

Bennett, McConkey & Thompson by Thomas S. Bennett, Morehead City, for defendant-appellant.

Wheatly, Wheatly & Nobles by C.R. Wheatly, Jr., Beaufort, for plaintiff-appellee.


ARNOLD, Judge.

A primary question presented by this appeal is whether the plaintiff had a right to trial by jury in this action based on the Equitable Distribution Act, G.S. 50-20, -21. The Act does not expressly or implicitly provide for jury trial. Rather, G.S. 50-21(a) states, in pertinent part, "... [n]othing in G.S. 50-20 or this section shall restrict or extend the right to trial by jury as provided by the Constitution of North Carolina."

The North Carolina...

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