Opinion
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, ___ N.C. App. ___, 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 Renny 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. Rabon, for defendant-appellees Thaddeus Pender Sharp, Jr.; Alan D. Sharp; Sharp Farms; and Sharp Farms, Inc.
For the reasons stated in the dissenting opinion of Judge Timmons-Goodson, the decision of the Court of Appeals is reversed.
REVERSED.