The decision of the Court of Appeals is
Affirmed.
Justice VAUGHN did not participate in the consideration or decision of this case.
Gates v. Gates, 312 N.C. 620 (1985)
Jan. 8, 1985
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Supreme Court of North Carolina
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No. 432A84
312 N.C. 620
CLAUDINE JOHNSON GATES (SPEISER) v. ROY LEE GATES
No. 432A84
(Filed 8 January 1985)
PLAINTIFF appeals as a matter of right, pursuant to G.S. 7A-30(2), from a decision of a divided panel of the Court of Appeals, 69 N.C. App. 421, 317 S.E. 2d 402 (1984), denying plaintiffs motion to dismiss defendant’s appeal, vacating the judgment entered on 21 January 1983 by Fuller, J., in District Court, DAVIDSON County and remanding the case for further proceedings.
J. Calvin Cunningham and Charles E. Frye, III, for plaintiff appellant.
Brinkley, Walser, McGirt, Miller & Smith, by Charles H. McGirt and Stephen W. Coles, for defendant-appellee.