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LOCKAMY v. LOCKAMY

No. 9213DC827.

432 S.E.2d 176 (1993)

111 N.C. App. 260

Judy A. LOCKAMY v. Johnny D. LOCKAMY.

Court of Appeals of North Carolina.

July 20, 1993.

Attorney(s) appearing for the Case

Rountree & Seagle by George Rountree, III and George K. Freeman, Jr., Wilmington

No brief filed for plaintiff-appellee.

ORR, Judge.

Defendant contends that the trial court lacked subject matter jurisdiction to hear any claim for equitable distribution because neither party asserted the right to equitable distribution before the judgment of absolute divorce, as required by N.C.Gen.Stat. § 50-11(e) (Supp.1992). We agree.

N.C.G.S. § 50-11(e) provides that: "[a]n absolute divorce obtained within this state shall destroy the right of a spouse to an equitable distribution...

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