Sharp v. Sharp, 351 N.C. 37 (1999)

Oct. 8, 1999 · Supreme Court of North Carolina · No. 223A99
351 N.C. 37
BETH M. SHARP v. THADDEUS PENDER SHARP, III, THADDEUS PENDER SHARP, JR., ALAN D. SHARP, SHARP FARMS, a North Carolina partnership, composed of Thaddeus Pender Sharp, Jr. and Alan D. Sharp, Partners; and SHARP FARMS INC., a North Carolina Corporation

BETH M. SHARP v. THADDEUS PENDER SHARP, III, THADDEUS PENDER SHARP, JR., ALAN D. SHARP, SHARP FARMS, a North Carolina partnership, composed of Thaddeus Pender Sharp, Jr. and Alan D. Sharp, Partners; and SHARP FARMS INC., a North Carolina Corporation

No. 223A99

(Filed 8 October 1999)

Divorce— equitable distribution — third party — constructive trust — jury trial

A Court of Appeals decision is reversed for the reason stated in the dissenting opinion in the Court of Appeals that a third party to an equitable distribution action does not have a constitutional right to a jury trial on a claim seeking imposition of a constructive trust on property to which the third party holds legal title.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 133 N.C. App. 125, 514 S.E.2d 312 (1999), reversing an order signed 16 March 1998 by Patterson, J., in District Court, Wilson County. Heard in the Supreme Court 20 September 1999.

Reid, Lewis, Deese, Nance & Person, L.L.P., by Penny W. Deese; and Daughtry, Woodard, Lawrence & Starling, L.L.P, by Stephen C. Woodard, Jr., for plaintiff-appellant.

Walter L. Hinson, P.A., by Walter L. Hinson and Lisa T. Rabón, for defendant-appellees Thaddeus Pender Sharp, Jr.; Alan D. Sharp; Sharp Farms; and Sharp Farms, Inc.

*38PER CURIAM.

For the reasons stated in the dissenting opinion of Judge Timmons-Goodson, the decision of the Court of Appeals is reversed.

REVERSED.