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RHUE v. PACE

No. COA03-1031.

598 S.E.2d 662 (2004)

Luther Mason RHUE, Personal Representative of the Estate of Barbara Rhue, Deceased, Plaintiff, v. Everett Odell PACE, Defendant.

Court of Appeals of North Carolina.

July 20, 2004.

Attorney(s) appearing for the Case

Hollowell, Mitchell, Peacock & Van Hagen, P.A., by Donald R. Van Hagen, Raleigh, for plaintiff-appellant.

Browne, Flebotte, Wilson & Horn, P.L.L.C., by Daniel R. Flebotte, Creedmoor, for defendant-appellee.

TIMMONS-GOODSON, Judge.

Luther Mason Rhue, Personal Representative of the Estate of Barbara Rhue ("plaintiff"), appeals the trial court order granting summary judgment in favor of Everett Odell Pace ("defendant"). For the reasons discussed herein, we affirm the trial court order.

The facts and procedural history relevant to the instant appeal are as follows: Plaintiff and defendant were married on 5 September 1966 and permanently separated on 1 April 1998...

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