CALDWELL v. CALDWELL

No. 8830DC1140.

379 S.E.2d 271 (1989)

Carmel F. CALDWELL, Plaintiff, v. Joretta C. CALDWELL, Defendant.

Court of Appeals of North Carolina.

May 16, 1989.


Attorney(s) appearing for the Case

McLean & Dickson, P.A. by Russell L. McLean, III, for plaintiff-appellee.

Alley, Hyler, Killian, Kersten, Davis and Smathers by George B. Hyler, for defendant-appellant.


JOHNSON, Judge.

The sole issue raised by defendant in this appeal is whether the trial court erred in dismissing plaintiff's action for divorce and defendant's counterclaim for equitable distribution.

The facts are simple and not in dispute. On 12 January 1988, plaintiff instituted an action for divorce against defendant, Joretta C. Caldwell, alleging, inter alia, that the parties had been separated from each other for more than one year; and that there...

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