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BROWN v. BROWN

No. 77A00.

539 S.E.2d 621 (2000)

353 N.C. 220

Gladys BROWN v. Caroll M. BROWN.

Supreme Court of North Carolina.

December 21, 2000.

Attorney(s) appearing for the Case

Max L. Childers, Mount Holly, for plaintiff-appellee.

Michelle D. Reingold, Clemmons, for defendant-appellant.

ORR, Justice.

Defendant presents a single argument for our consideration: Did the Court of Appeals err in concluding that equitable distribution does not abate if one of the parties dies after filing for equitable distribution and divorce, but before receiving an equitable distribution judgment or an absolute divorce decree? We hold that the Court of Appeals erred in its decision.

We begin by explaining the unique procedural posture of this case. Plaintiff...

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