SMITH v. SMITH

No. 9226SC1275.

438 S.E.2d 457 (1994)

Ollen Bruton SMITH v. Bonita Harris SMITH.

Court of Appeals of North Carolina.

January 18, 1994.


Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A. by William K. Diehl, Jr., Charlotte, and Professor Alison Kitch of Washington & Lee University School of Law, Lexington, for plaintiff-appellant.

Robinson, Bradshaw & Hinson, P.A. by Martin L. Brackett, Jr. and John B. Garver, III, Charlotte, for defendant-appellee.


McCRODDEN, Judge.

In this appeal we must decide whether in North Carolina a spouse or former spouse may maintain actions against the other spouse for breach of fiduciary duty, unjust enrichment, and intentional marital destruction, all pertaining to the marital relationship and its dissolution. The trial court, in allowing the defendant's motion to dismiss, believed he may not. We agree.

On a motion to dismiss for failure to state a claim, the allegations...

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