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DAVIS v. DAVIS

No. 8510DC596.

337 S.E.2d 190 (1985)

Henry M. DAVIS v. Inez Simmons DAVIS.

Court of Appeals of North Carolina.

December 17, 1985.

Attorney(s) appearing for the Case

Tharrington, Smith and Hargrove by J. Harold Tharrington and Kim C. Wetherill, Raleigh, for plaintiff-appellee.

Johnson, Gamble, Hearn and Vinegar by M. Blen Gee, Jr., Raleigh, for defendant-appellant.

PARKER, Judge.

In her first assignment of error, defendant contends the trial court erred in entering an order ex meru motu declaring portions of previous consent judgments null and void and unenforceable ab initio and in striking them. We agree.

We note preliminarily that this proceeding is not affected by the Supreme Court's decision in Walters v. Walters, 307 N.C. 381, 298 S.E.2d 338 (1983), because...

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