The decision of the Court of Appeals is affirmed. However, we specifically disavow the language in footnote four of the Court of Appeals opinion.
MODIFIED AND AFFIRMED.
Larkin v. Larkin, 359 N.C. 316 (2005)
March 4, 2005
·
Supreme Court of North Carolina
·
No. 452A04
359 N.C. 316
ERNEST W. LARKIN, III v. MARY JO TATUM LARKIN
No. 452A04
(Filed 4 March 2005)
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, - N.C. App. -, 598 S.E.2d 651 (2004), affirming in part and remanding in part a judgment and order entered on 3 January 2003 by Judge P. Gwynett Hilbum in District Court, Pitt County. Heard in the Supreme Court 8 February 2005.
McCotter, Ashton & Smith, P.A., by Rudolph A. Ashton, III and Terri W. Sharp, for plaintiff-appellee.
Ward and Smith, P.A., by Cindi M. Quay and John M. Martin, for defendant-appellant.