Avriett v. Avriett, 322 N.C. 468 (1988)

June 2, 1988 · Supreme Court of North Carolina · No. 81A88
322 N.C. 468

LYNDA DOVE AVRIETT v. ROBERT JAMES AVRIETT, JR.

No. 81A88

(Filed 2 June 1988)

APPEAL by plaintiff pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, reported at 88 N.C. App. 506, 363 S.E. 2d 875 (1988), which affirmed the order of Pate, J., granting summary judgment for defendant entered at the 4 August 1986 Session of District Court, CUMBERLAND County, and a subsequent order denying plaintiffs motion for a new trial pursuant to Rule 59 of the North Carolina Rules of Civil Procedure entered on 13 November 1986. Heard in the Supreme Court 12 May 1988.

Harris, Sweeny & Mitchell, by Ronnie M. Mitchell, and Blackwell, Russ & Strickland, by John V. Blackwell, Jr., for plaintiff-appellant.

Reed, Lewis & Deese, by Renny W. Deese, for defendantappellee.

PER CURIAM.

The decision of the Court of Appeals is

Affirmed.