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DIGGS v. DIGGS

No. 935SC124.

446 S.E.2d 873 (1994)

Brenda DIGGS v. Arthur DIGGS.

Court of Appeals of North Carolina.

August 16, 1994.

Attorney(s) appearing for the Case

Pennington & Wicks by Ralph S. Pennington and Ellen Arnold Kiernan, Wilmington, for respondent-appellant.

Smith & Smith by W.G. Smith and Walter M. Smith, Wilmington, for petitioner-appellee.

McCRODDEN, Judge.

We face two questions in this case: I. If a separation agreement, incorporated into a divorce decree, bars an equitable distribution proceeding, does the superior court have jurisdiction to partition property included in the separation agreement? II. Assuming the answer to I is affirmative, did the petitioner waive her right to partition by entering into the agreement?

The facts are as follows. Petitioner and respondent were married on 26...

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