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SURLES v. SURLES

No. COA01-1583.

571 S.E.2d 676 (2002)

Bernice G. SURLES, Plaintiff, v. Junious M. SURLES, Jr., Defendant.

Court of Appeals of North Carolina.

November 19, 2002.

Attorney(s) appearing for the Case

Hedahl and Radtke, by Debra J. Radtke, Fayetteville, for plaintiff-appellee.

The Yarborough Law Firm, by Garris Neil Yarborough, Fayetteville, and Barry K. Simmons, for defendant-appellant.

WYNN, Judge.

This appeal arises from the distribution of marital property following the divorce of Junious and Bernice Surles. On appeal, Mr. Surles presents one issue: In denying his Rule 60(b) motion, did the trial court err by finding that the distributive judgment awarded Ms. Surles the "surrender value" of Mr. Surles' life insurance policy ($32,617.92,), rather than the estimated fair market value of the policy ($192,617.92)? We answer, no, and therefore uphold...

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