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ESTATE OF JOYNER v. JOYNER

No. COA13-545.

753 S.E.2d 192 (2014)

ESTATE OF Frances JOYNER, Hazel Hall. Ike Cogdell, John Cogdell, Bertha C. Clark, Josephne C. Shackleford, Nathan Cogdell and Samuel Cogdell, Plaintiffs, v. Jessie Bell JOYNER, Jessie Mae Britt and Linwood Joyner, As Co Administrators of the Estate of Warren Joyner, Defendants.

Court of Appeals of North Carolina.

January 7, 2014.

Attorney(s) appearing for the Case

Wooten & Turik, PLLC, by Dal F. Wooten , for plaintiff-appellants.

Holtkamp Law Firm, by Lynne M. Holtkamp , for defendant-appellees.

HUNTER, ROBERT C., Judge.

Plaintiffs appeal from an order entered 17 October 2012 in Lenoir County Superior Court by Judge Phyllis M. Gorham granting defendants' motion for summary judgment. On appeal, plaintiffs argue there was a genuine issue of material fact with respect to whether Warren Joyner ("Warren") constructively abandoned his wife, Frances Joyner ("Frances"). After careful review, we affirm the trial court's order granting summary judgment.

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