HOWELL v. HOWELL

No. 211A87.

361 S.E.2d 585 (1987)

321 N.C. 87

Earl Dean HOWELL v. Joan Hurley HOWELL.

Supreme Court of North Carolina.

November 5, 1987.


Attorney(s) appearing for the Case

Ferree, Cunningham & Gray, P.A. by George G. Cunningham, Wilkesboro, for plaintiff-appellant.

McElwee, McElwee, Cannon & Warden by William H. McElwee, III, North Wilkesboro, for defendant-appellee.


EXUM, Chief Justice.

The sole issue on appeal is whether the trial court erred in granting defendant's motion to be "relieved of the effect" of a divorce judgment to the extent that the judgment barred her claim for equitable distribution. We conclude that the trial court erred in granting the motion and, therefore, reverse the Court of Appeals' decision to the contrary.

At trial, the parties stipulated that Mr. and Ms. Howell were married on 22 December 1953...

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