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SHARP v. SHARP

No. COA95-1388.

477 S.E.2d 258 (1996)

Jane & Dennis SHARP, Petitioners, v. Tamula-Jean SHARP, Respondent. In re Samantha E. FERRELL and Amanda Lynn Sharp.

Court of Appeals of North Carolina.

November 5, 1996.

Attorney(s) appearing for the Case

Levine & Stewart by Michael D. Levine and Elizabeth R. Harrison, Chapel Hill, for plaintiffs appellants.

John M. Bourlon, Ann M. Credle, and Frances P. Solari, Durham, for defendant appellee.

ARNOLD, Chief Judge.

This case presents the question of whether the recent Supreme Court's decision in McIntyre v. McIntyre, 341 N.C. 629, 461 S.E.2d 745 (1995) prohibits grandparents from initiating a custody action pursuant to N.C. Gen.Stat. § 50-13.1(a) (1995) when no custody proceeding is ongoing.

G.S. § 50-13.1(a) provides:

Any parent, relative, or other person...

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