SIMMONS v. ARRIOLA

No. COA02-1344.

586 S.E.2d 809 (2003)

Roger SIMMONS and wife, Judith Simmons, Plaintiffs, v. Emily Simmons ARRIOLA, Defendant.

Court of Appeals of North Carolina.

October 21, 2003.


Attorney(s) appearing for the Case

Pope, McMillan, Kutteh, Simon & Privette, P.A., by Charles A. Schieck, Statesville, for plaintiffs-appellants.

Homesley, Jones, Gaines & Dudley, by Edmund L. Gaines, Statesville, for defendant-appellee.


MARTIN, Judge.

Plaintiffs, who are defendant-mother's parents and the maternal grandparents of the two minor children involved in this proceeding, brought this action seeking custody of defendant's two minor daughters, Katherine, age 10, and Kristin, age 9, and for child support. Pursuant to a mediated consent order entered 17 July 1998, the district court found that due to a traumatic brain injury suffered by defendant, she was "currently unable, because of her condition...

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