ELLIOTT v. ELLIOTT

No. COA08-1493.

683 S.E.2d 405 (2009)

David M. ELLIOTT and Elliott Air, Inc., Plaintiffs, v. Lisa L. ELLIOTT, Diane K. Nichols, Karen Powers, and Dennis L. Moran, Defendants.

Court of Appeals of North Carolina.

October 6, 2009.


Attorney(s) appearing for the Case

Smith, James, Rowlett & Cohen, LLP, by Norman B. Smith, Greensboro, for plaintiff-appellants.

Adams & Winfree, by Charles H. Winfree, Greensboro, for defendant-appellees, Lisa L. Elliott, Diane K. Nichols, and Karen Powers.


STEELMAN, Judge.

Although plaintiffs' appeal is from two interlocutory orders, we grant plaintiffs' petition for writ of certiorari and reach the merits of the appeal. Where the trial court's findings of fact tended to show that plaintiff David Elliott had a documented history of domestic abuse against defendant Lisa Elliott and that plaintiffs violated Rule 5 of the Rules of Civil Procedure by failing to serve the...

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