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LARKIN v. LARKIN

No. COA03-1091.

598 S.E.2d 651 (2004)

Ernest W. LARKIN, III, Plaintiff, v. Mary Jo Tatum LARKIN, Defendant.

Court of Appeals of North Carolina.

July 20, 2004.

Attorney(s) appearing for the Case

McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III and Terri W. Sharp, New Bern; Dallas Clark, Jr., Greenville, for plaintiff-appellee.

Ward and Smith, P.A., by Cindi M. Quay, John M. Martin and Benton L. Toups, Greenville, for defendant-appellant.

HUNTER, Judge.

Mary Jo Tatum Larkin ("defendant") appeals from an "Equitable Distribution Judgment and Alimony Order" filed 3 January 2003. Because we conclude the trial court failed to equitably distribute all of the marital property at issue, we remand this case in part.

Defendant and Ernest W. Larkin, III ("plaintiff") were married on 28 December 1968, separated on 12 March 2000, and divorced on 6 June 2001. As of the date of separation, there were two...

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