BASS v. BASS

No. 9126DC296.

413 S.E.2d 310 (1992)

105 N.C. App. 439

Mary Elizabeth BASS, Petitioner, v. Robert J. BASS, Jr., Respondent.

Court of Appeals of North Carolina.

February 18, 1992.


Attorney(s) appearing for the Case

Attorney Gen. Lacy H. Thornburg by Asst. Atty. Gen. T. Byron Smith, Raleigh, for petitioner-appellant.

Ronald C. Williams, P.A. by Ronald C. Williams, Charlotte, for respondent-appellee.


EAGLES, Judge.

In her first and second assignments of error, petitioner argues the trial court erred in dismissing her complaint based on her absence when her trial counsel was present and prepared to proceed. We agree.

Judge Boner's order recited that he dismissed petitioner's complaint because the "Petitioner was not present, and her testimony in court would be necessary because this matter is contested." In Terry v. Bob Dunn Ford, Inc., 77 N.C. App...

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