HARRINGTON v. PERRY

No. 9015DC985.

406 S.E.2d 1 (1991)

103 N.C. App. 376

Rebecca Smith HARRINGTON v. Sherrill R. PERRY.

Court of Appeals of North Carolina.

July 2, 1991.


Attorney(s) appearing for the Case

Abernathy, Roberson & Huffman by G. Wayne Abernathy, Graham, for plaintiff-appellee.

Edmundson & Burnette by R. Gene Edmundson and J. Thomas Burnette, Oxford, for defendant-appellant.


WYNN, Judge.

In 1978, the plaintiff and defendant executed a separation agreement which contained the following language:

Husband shall pay to wife one-fourth (¼) of any net recovery to him after attorney's fees from any monies received by him as a result of potential malpractice claims arising from the treatment of his leg.

Defendant's medical malpractice claim was settled in April, 1988 for $50,000.00. From this settlement, defendant received...

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