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HERRING v. HERRING

No. COA13-544.

752 S.E.2d 190 (2013)

Judith Teel HERRING, Plaintiff v. James Dallas HERRING, Defendant.

Court of Appeals of North Carolina.

December 3, 2013.

Attorney(s) appearing for the Case

Ferguson, Scarbrough, Hayes, Hawkins & DeMay, P.A., Concord by James R. DeMay , for plaintiff-appellee.

Christy E. Wilhelm , Concord, for defendant-appellant.

DAVIS, Judge.

James Dallas Herring ("Defendant") appeals from the trial court's order denying his motion to set aside a separation agreement entered into by him and his former wife. The issue before us is whether the separation agreement should be rescinded based on the ground of mutual mistake. After careful review, we affirm the trial court's order.

Factual Background

Judith Teel Herring ("Plaintiff") and Defendant were married on 27 April 1985...

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