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SISK v. SISK

No. COA11-1320.

729 S.E.2d 68 (2012)

Kathy Lynn SISK, Plaintiff, v. Glenn L. SISK, Sr., Defendant.

Court of Appeals of North Carolina.

July 17, 2012.

Attorney(s) appearing for the Case

Crowe & Davis, P.A., Conover, by H. Kent Crowe , for plaintiff-appellee.

James, McElroy & Diehl, P.A., Charlotte, by Preston O. Odom, III , and The Jonas Law Firm, P.L.L.C., Lincolnton, by Johnathan L. Rhyne, Jr. , for defendant-appellant.

STEELMAN, Judge.

A judge who did not preside at trial had no jurisdiction to rule on a Rule 59 motion for new trial. We consider the motion for a new trial de novo on appeal, and hold it to be without merit.

I. Factual and Procedural Background

Kathy Lynn Sisk (plaintiff) and Glenn L. Sisk (defendant) were once married, but are now divorced. On 17 January 2006, plaintiff filed a complaint...

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