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MELTON FOR MADRY v. MADRY

No. 9110DC490.

415 S.E.2d 72 (1992)

106 N.C. App. 83

Lula V. MELTON, Guardian for Donna Melton MADRY, Plaintiff, v. James T. MADRY, Jr., Defendant.

Court of Appeals of North Carolina.

April 7, 1992.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice by Susan D. Crooks, Raleigh, for plaintiff, appellant.

Ragsdale, Kirschbaum, Nanney, Sokol & Heidgerd, P.A. by William L. Ragsdale, C.D. Heidgerd, and Connie E. Carrigan, Raleigh, for defendant, appellee.

HEDRICK, Chief Judge.

Plaintiff's sole contention on appeal is that the trial court erred by allowing defendant's motion pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure and dismissing her complaint for temporary and permanent alimony based upon G.S. 50-5.1. In determining the propriety of an order pursuant to Rule 12(b)(6), we must accept as fact all allegations in the complaint and decide as a matter of law whether those allegations state...

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