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BOSEMAN v. JARRELL

No. COA08-957.

681 S.E.2d 374 (2009)

Julia Catherine BOSEMAN, Plaintiff, v. Melissa Ann JARRELL, Defendant, and Melissa Ann Jarrell, Third-Party Plaintiff, v. Julia Catherine Boseman and the North Carolina Department of Health and Human Services, Third-Party Defendants.

Court of Appeals of North Carolina.

August 18, 2009.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Mabel Y. Bullock, for the North Carolina Department of Health and Human Services.

Lea, Rhine, Rosrugh & Chleborowicz, PLLC, by James W. Lea, III, Lori W. Rosbrugh, and Holi B. Newsome, Wilmington, for plaintiff/third-party defendant-appellee.

Ward and Smith, P.A., by John M. Martin and Leslie G. Fritscher, Greenville, for defendant/third-party plaintiff-appellant.

North Carolina Association of Women Attorneys, National Association of Social Workers, North Carolina Chapter of the National Association of Social Workers, and North Carolina Foster and Adoptive Parents Association, by Ellen W. Gerber, as amici curiae.

BRYANT, Judge.

Defendant/third-party plaintiff Melissa Jarrell appeals from a custody order entered 14 January 2008 which granted joint legal custody of a minor child to Jarrell and plaintiff/third-party defendant Julia Boseman, a partial summary judgment order entered 6 February 2008 which denied Jarrell's motion to declare void an adoption decree, an order entered 14 February 2008 which denied Jarrell's 12(b)(6) motion to dismiss, an order entered 20 March 2008...

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