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MISENHEIMER v. BURRIS

No. 245A05.

637 S.E.2d 173 (2006)

Donald Eugene MISENHEIMER v. James Clayton BURRIS and Randall Burris.

Supreme Court of North Carolina.

November 17, 2006.

Attorney(s) appearing for the Case

Walker & Bullard, P.A., by Daniel S. Bullard and James F. Walker, Gibsonville, for plaintiff-appellant/appellee.

Tucker & Singletary, P.A., by William C. Tucker, Albermarle, for defendant-appellee/appellant.

BRADY, Justice.

The question presented is an issue of first impression: Whether, in an action for criminal conversation, the applicable statute of limitations is tolled until discovery of the extramarital affair by the aggrieved party. Because we hold that the discovery rule of N.C.G.S. § 1-52(16) applies to actions for criminal conversation, we reverse the Court of Appeals.

FACTUAL BACKGROUND

Donald Eugene Misenheimer (plaintiff) and...

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