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GLESNER v. DEMBROSKY

No. 844DC716.

327 S.E.2d 60 (1985)

Valerie A. GLESNER v. Michael DEMBROSKY, John Dembrosky and Vivian Dembrosky.

Court of Appeals of North Carolina.

March 19, 1985.

Attorney(s) appearing for the Case

Warlick, Milsted, Dotson & Carter by John T. Carter, Jr., Jacksonville, for plaintiff.

Collins & Howard by Jill R. Howard, Jacksonville, for defendants.

WELLS, Judge.

Plaintiff first challenges the jurisdiction of the trial court, on the grounds that no order or notice commanding her to appear and show cause was ever issued. Such an order or notice is required by N.C.Gen.Stat. § 5A-23(a) (1981):

(a) Proceedings for civil contempt are either by the order of a judicial official directing the alleged contemnor to appear at a specified reasonable time and show cause why he should not be held in civil contempt...

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