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STERN v. STERN

No. COA18-523.

826 S.E.2d 490 (2019)

Lora Ann STERN, Plaintiff, v. Gary Ross STERN, Defendant.

Court of Appeals of North Carolina.

Filed: March 19, 2019.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A., by Preston O. Odom, III , Jonathan D. Feit , Charlotte, and Haley E. White , for plaintiff-appellee.

Weaver & Budd, Attorneys at Law, PLLC, by Jennifer L. Fleet , for defendant-appellant.

Father appeals from an order granting Mother's "motion to deny" his motion to modify custody. Because the trial court must consider the allegations of Father's motion for modification of custody as true, it erred by dismissing Father's motion for failure to state a claim upon which relief could be granted. The trial court considered...

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