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POTTS v. TUTTEROW

No. 257A94.

455 S.E.2d 156 (1995)

340 N.C. 97

Kenneth R. POTTS v. Susan TUTTEROW (Potts).

Supreme Court of North Carolina.

April 7, 1995.

Attorney(s) appearing for the Case

Petree Stockton, L.L.P. by Lynn P. Burleson and Mark Conger, Winston-Salem, for plaintiff-appellee.

Morrow, Alexander, Tash & Long by C.R. "Skip" Long, Jr. and Victor M. Lefkowitz, Winston-Salem, for defendant-appellant.

PER CURIAM.

The Court agrees with the holding of the majority opinion that the "lump sum" alimony award in the present case did not vest prior to defendant's remarriage. Thus, pursuant to N.C.G.S. § 50-16.9(b) (1987), defendant's subsequent remarriage terminated plaintiff's obligation to pay defendant alimony.

Under N.C.G.S. § 50-16.9, "[i]f a dependent spouse who is receiving alimony under a judgment or order of a court of this State shall...

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