BIRD v. BIRD

No. 545A08.

688 S.E.2d 420 (2010)

Deborah Hampton BIRD v. James Calvin BIRD, II.

Supreme Court of North Carolina.

January 29, 2010.


Attorney(s) appearing for the Case

Nix and Cecil, by Lee M. Cecil, High Point, for plaintiff-appellant.

Wyatt Early Harris Wheeler, LLP, by Arlene M. Reardon and Stanley F. Hammer, High Point, for defendant-appellee.


MARTIN, Justice.

This appeal from a divided decision of the Court of Appeals presents the question of whether defendant's forecast of evidence was sufficient to overcome plaintiff's motion for summary judgment. The Court of Appeals held that the trial court erred in granting summary judgment to plaintiff. We affirm.

Plaintiff Deborah Hampton Bird and defendant James Calvin Bird, II were married on 18 August 1985 and legally separated on or about 1 January...

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