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CALDWELL v. CALDWELL

No. 9030SC623.

405 S.E.2d 588 (1991)

103 N.C. App. 380

Dwight CALDWELL, Executor of the Estate of Carmel F. Caldwell v. Joretta C. CALDWELL, and Alley, Hyler, Killian, Kersten, Davis & Smathers.

Court of Appeals of North Carolina.

July 2, 1991.

Attorney(s) appearing for the Case

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

Hyler & Lopez, P.A., by George B. Hyler, Jr., and Robert J. Lopez, Asheville, for defendants appellants.

COZORT, Judge.

Plaintiff filed a complaint in Superior Court alleging that defendants had been unjustly enriched by alimony and attorney's fees previously paid by plaintiff. The court granted summary judgment for the plaintiff. We find the Superior Court lacked jurisdiction, and we reverse.

Carmel Caldwell and Joretta Caldwell, defendant herein, were married 7 July 1974 and separated on 11 May 1984. Joretta filed an action in the District Court of Haywood...

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