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CHIDNESE v. CHIDNESE

No. COA10-195.

708 S.E.2d 725 (2011)

Kathy Jean CHIDNESE, Plaintiff v. Patrick N. CHIDNESE and Diane McDonald, Defendants.

Court of Appeals of North Carolina.

March 15, 2011.

Attorney(s) appearing for the Case

Carter & Kropelnicki, P.A., Asheville, by Steven Kropelnicki , for plaintiff-appellant.

Long, Parker, Warren, Anderson, & Payne, P.A., Asheville, by William A. Parker and Philip S. Anderson , for defendant-appellee Diane McDonald.

CALABRIA, Judge.

Kathy Jean Chidnese ("plaintiff") appeals the trial court's order dismissing, with prejudice, all of her claims against defendant Diane McDonald ("McDonald") pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6) (2009). Plaintiff's claims against defendant Patrick N. Chidnese ("Chidnese") had not been resolved at the time the trial court's order was entered, and as a result, Chidnese is not a party to this appeal. We affirm in part and reverse in...

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