CURY v. MITCHELL

No. COA09-238.

688 S.E.2d 825 (2010)

Alexandra CURY, Plaintiff, v. David F. MITCHELL, Defendant.

Court of Appeals of North Carolina.

February 16, 2010.


Attorney(s) appearing for the Case

Lentz & Associates, by John M. Olesiuk, Asheville, for plaintiff.

Roberts & Stevens, P.A., by Sarah Patterson Brison, Asheville, for defendant.


ELMORE, Judge.

Alexandra Cury (plaintiff) appeals an order dismissing her complaint against David Mitchell (defendant). After careful review, we affirm in part and reverse in part.

Plaintiff alleged the following facts in her 28 August 2008 complaint: The parties were "long-time domestic companions and resided together as such," although they never married. They also had a child together, who was nine years old at the time the complaint was filed. "In September...

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