McKENZIE v. McKENZIE

No. 8415DC999.

330 S.E.2d 270 (1985)

Ann F. McKENZIE v. Owen Ray McKENZIE.

Court of Appeals of North Carolina.

June 4, 1985.


Attorney(s) appearing for the Case

Daniel H. Monroe and Latham and Wood by James F. Latham and William Eagles, Graham, for plaintiff.

Vernon, Vernon, Wooten, Brown & Andrews, P.A. by Wiley P. Wooten and T. Randall Sandifer, Burlington, for defendant.


JOHNSON, Judge.

At the time the order of equitable distribution was entered, the parties had not received an absolute divorce, nor had they received an absolute divorce at the time of oral argument, as counsel conceded in oral argument. G.S. 50-21(a) specifically provides:

Upon application of a party to an action for divorce, an equitable distribution of property shall follow a decree of absolute divorce.... The equitable distribution may not precede...

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