SEARCY v. SEARCY

No. COA11-11.

715 S.E.2d 853 (2011)

Barbara R. SEARCY, Plaintiff, v. Gregory Blake SEARCY, Defendant.

Court of Appeals of North Carolina.

September 20, 2011.


Attorney(s) appearing for the Case

Trimpi & Nash, LLP, Elizabeth City, by John G. Trimpi , for Plaintiff.

Kirkman, Whitford, Brady and Berryman, Morehead City, by Kimberly L. Farias , for Defendant.


THIGPEN, Judge.

Barbara R. Searcy ("Plaintiff") appeals from an order granting Gregory Blake Searcy's ("Defendant") motion for summary judgment on the issue of whether their separation agreement is valid and enforceable. We must determine whether a genuine issue of material fact exists regarding Plaintiff's allegations that Defendant committed constructive fraud when the parties were in a fiduciary relationship. We conclude the trial court erred by entering summary...

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