STONE v. STONE

No. 8916DC544.

386 S.E.2d 602 (1989)

Robert Curtis STONE, Sr., Plaintiff, v. Mary W. STONE, Defendant.

Court of Appeals of North Carolina.

December 19, 1989.


Attorney(s) appearing for the Case

Tucker, Hicks, Hodge and Cranford, P.A. by Edward P. Hausle, Charlotte, for plaintiff, appellee.

Britt & Britt by Evander M. Britt, III, Lumberton, and Bailey & Dixon by Gary S. Parsons and Cathleen M. Plaut, Raleigh, for defendant, appellant.


HEDRICK, Chief Judge.

In violation of Rule 7(b)(1), plaintiff failed to set out in the motion to dismiss the number of the rule pursuant to which the motion was made. We assume, however, the motion was made pursuant to Rule 12(b) or Rule 56. The detailed findings of fact made by Judge Richardson's ruling on the motion were unnecessary whether the motion was made pursuant to Rule 12(b) or Rule 56. In any event, plaintiff's motion to dismiss amounts to nothing more...

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