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FIRST UNION NAT. BANK v. NAYLOR

No. 9019DC894.

404 S.E.2d 161 (1991)

102 N.C. App. 719

FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Plaintiff, v. Fay L. NAYLOR, Cross Plaintiff, v. Joel Lynn GOODMAN, Cross Defendant.

Court of Appeals of North Carolina.

May 7, 1991.

Attorney(s) appearing for the Case

Carlyle Sherrill, Salisbury, for cross plaintiff-appellee.

Woodson, Linn, Sayers, Lawther, Short & Wagoner by Donald D. Sayers, Salisbury, for cross defendant-appellant.

GREENE, Judge.

The third party defendant, Joel Goodman (Husband), appeals the trial court's order of summary judgment in favor of the third party plaintiff, Fay Naylor (Wife).

Viewed in the light most favorable to the Husband, the evidence tends to show the following: On 29 August 1985, while married, the Wife and Husband entered into a separation agreement. The pertinent part of that agreement reads as follows...

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