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TUCKER v. TUCKER

No. COA08-789.

675 S.E.2d 676 (2009)

Rachel Darlene TUCKER, Plaintiff, v. Jewett Eugene TUCKER, Jr., Defendant.

Court of Appeals of North Carolina.

May 5, 2009.

Attorney(s) appearing for the Case

Staton, Doster, Post Silverman & Foushee, P.A., by Jonathan Silverman, Sanford, for defendant-appellant.

Arthur M. Blue Law Office, P.A., by Arthur M. Blue, Carthage, for plaintiff-appellee.

STROUD, Judge.

The trial court found defendant to be in civil contempt of court due to a failure to make court ordered alimony payments. Defendant appeals arguing the trial court erred in concluding that he had the present ability to pay $10,000 towards his arrearages and that he was in civil contempt of court. For the following reasons, we dismiss defendant's appeal as moot and remand to the trial court for consideration of plaintiff's claim for costs and attorney...

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