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POINDEXTER v. EVERHART

No. COA19-646.

840 S.E.2d 844 (2020)

Kimberly Dawn POINDEXTER, Plaintiff, v. Carlton D. EVERHART, II, Defendant.

Court of Appeals of North Carolina.

Filed: February 18, 2020.

Attorney(s) appearing for the Case

Law Offices of Mark E. Sullivan, P.A., by Mark E. Sullivan , Raleigh, and Kristopher J. Hilscher , for plaintiff-appellant.

Lewis, Deese, Nance & Ditmore, LLP, Fayetteville, by Renny W. Deese , for defendant-appellee.

Kimberly Dawn Poindexter ("Plaintiff") appeals from an order entered granting Carlton D. Everhart, II's ("Defendant") motion to dismiss pursuant to Rule 12(b)(1) of the North Carolina Rules of Civil Procedure. We reverse and remand.

I. Background

Plaintiff and Defendant were married on 14 May 1983 and separated...

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