Summary
In Atkinson, after the plaintiff-wife filed a complaint seeking equitable distribution of marital property, the defendant-husband filed an answer and counterclaim for equitable distribution, to which the plaintiff-wife replied.
Summary of this case from Eubanks v. EubanksOpinion
No. 81A99
Filed 25 June 1999
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. ___, 510 S.E.2d 178 (1999), reversing an order signed 15 July 1997 by Smith (John W.), J., in District Court, New Hanover County, and remanding for further proceedings to effect an equitable distribution of the parties' marital property. Heard in the Supreme Court 12 May 1999.
Lea, Clyburn Rhine, by J. Albert Clyburn and James W. Lea, III, for plaintiff-appellee.
Edward P. Hausle, P.A., by Edward P. Hausle, for defendant-appellant.
For the reasons stated in the dissenting opinion of Judge Greene, the decision of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals for further remand to the District Court, New Hanover County, for reinstatement of its order allowing defendant's motion to dismiss the equitable distribution claim.
REVERSED.