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STEGALL v. STEGALL

No. 9222DC422.

430 S.E.2d 460 (1993)

110 N.C. App. 655

Sylvia Benfield STEGALL, Plaintiff-Appellant, v. Ernest William STEGALL, Defendant-Appellee.

Court of Appeals of North Carolina.

June 15, 1993.

Attorney(s) appearing for the Case

Pressly & Thomas, P.A. by Gary W. Thomas, Statesville, for plaintiff-appellant.

Hicks, Hodge and Cranford, P.A. by Fred A. Hicks, Charlotte and Pope, McMillan, Gourley, Kutteh and Simon, P.A. by Pamela H. Simon, Statesville, for defendant-appellee.

ARNOLD, Chief Judge.

The decisive question on appeal is were plaintiff's claims for alimony and equitable distribution barred by N.C.Gen.Stat. § 50-11(a) when plaintiff took a voluntary dismissal of those claims after judgment of divorce had been entered, but thereafter filed a second action for alimony and equitable distribution.

Subject to certain exceptions, "[a]fter a judgment of divorce from the bonds of matrimony, all rights arising out of the marriage...

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