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McKOY v. McKOY

No. COA11-64.

714 S.E.2d 832 (2011)

Charles H. McKOY, Plaintiff, v. Harriette Smith McKOY, Defendant.

Court of Appeals of North Carolina.

August 16, 2011.

Attorney(s) appearing for the Case

No brief filed on behalf of plaintiff-appellee.

Law Office of Stephanie J. Brown, Raleigh, by Stephanie J. Brown , for defendant-appellant.

HUNTER, Robert C., Judge.

Defendant Harriette Smith McKoy appeals from the trial court's order dismissing her counterclaim for equitable distribution against plaintiff Charles H. McKoy pursuant to Rule 41(b) of the Rules of Civil Procedure and Rule 11 of the Wake County Family Court Rules, which governs the prosecution of equitable distribution claims. After careful review, we reverse and remand.

Background

Plaintiff and defendant were married...

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