POTTER v. POTTER

No. COA97-398.

505 S.E.2d 147 (1998)

Jerry Leonard POTTER, Jr., Plaintiff, v. Cynthia Elizabeth POTTER, Defendant.

Court of Appeals of North Carolina.

October 6, 1998.


Attorney(s) appearing for the Case

Joseph W. Seegers, Newland, for plaintiff-appellee.

Legal Services of the Blue Ridge, Inc. by Karla P. Rusch, Boone, for defendant-appellant.


JOHN, Judge.

Defendant appeals the trial court's 6 September 1996 order denying her motion to dismiss as well as the court's subsequent 17 October 1996 "Judgment" awarding primary physical custody of the parties' two minor children to plaintiff. We reverse the trial court's 6 September 1996 ruling and consequently vacate its later "Judgment."

Relevant facts and procedural information include the following: Plaintiff and defendant were married 5 January 1993...

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