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STEGALL v. STEGALL

No. 268PA93.

444 S.E.2d 177 (1994)

336 N.C. 473

Sylvia Benfield STEGALL v. Ernest William STEGALL.

Supreme Court of North Carolina.

June 17, 1994.

Attorney(s) appearing for the Case

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

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

PARKER, Justice.

On 9 January 1989 plaintiff filed an action for absolute divorce which included claims for alimony and equitable distribution. During the pendency of plaintiff's action, on 2 February 1989 defendant filed an action for absolute divorce. On 13 March 1989 judgment of absolute divorce was granted in defendant's action. Thereafter, plaintiff on 8 October 1990 voluntarily dismissed her action pursuant to N.C.G.S. § 1A-1, Rule 41(a)(1) but filed a...

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