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JOHNSON v. PEARCE

No. COA01-47.

557 S.E.2d 189 (2001)

Kenneth J. JOHNSON, Plaintiff, v. Dallas M. PEARCE, Defendant.

Court of Appeals of North Carolina.

December 28, 2001.

Attorney(s) appearing for the Case

H. Wood Vann, Durham, for the plaintiff-appellee.

Smith Debnam Narron Wyche Story & Myers, LLP, by John W. Narron and Nina G. Kilbride, Raleigh; Daughtry, Woodard, Lawrence & Starling, LLP, by Stephen C. Woodard, Jr., Smithfield; Vernon, Vernon, Wooten, Brown, Andrews & Garrett, P.A., by Wiley P. Wooten, Burlington; Morgenstern & Donuomo, P.L.L.C., by Barbara R. Morgenstern, Greensboro; James, McElroy & Diehl, P.A., by William K. Diehl, Jr., Charlotte; Reid, Lewis, Deese, Nance & Person, by Renny W. Deese, Fayetteville; Davis & Harwell, by Joslin Davis, Winston-Salem; and Sally, Burnett Sharp, Chapel Hill, for the defendant-appellant.

EAGLES, Chief Judge.

Dallas M. Pearce ("defendant") appeals from the trial court's judgment awarding Kenneth J. Johnson ("plaintiff") $3,000.00 for defendant's criminal conversation with plaintiff's wife. The sole issue on appeal is whether the trial court erred in granting plaintiff's motion for directed verdict and finding that post-separation conduct may be the basis for a criminal conversation claim. After careful review, we hold that a criminal conversation claim...

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