LUTZ v. LUTZ

No. 9027DC671.

399 S.E.2d 385 (1991)

101 N.C. App. 298

Harold L. LUTZ, Sr. v. Edith M. LUTZ.

Court of Appeals of North Carolina.

January 15, 1991.


Attorney(s) appearing for the Case

Frank Patton Cooke by Thomas A. Will, Jr., Gastonia, for plaintiff-appellee.

Childers, Fowler & Childers, P.A. by Max L. Childers, Mount Holly, for defendant-appellant.


GREENE, Judge.

The defendant appeals from an order filed 30 March 1990 in which the trial court concluded that the defendant's claim for equitable distribution was destroyed by judgment of absolute divorce, and that the plaintiff was entitled to voluntarily dismiss without prejudice his claim for equitable distribution pursuant to N.C.G.S. § 1A-1, Rule 41(a), thereby leaving no further issue of equitable distribution in the matter.

On 2 October 1987,...

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