LEE v. LEE

No. 881DC786.

378 S.E.2d 554 (1989)

Robert E. LEE v. Joyce S. LEE.

Court of Appeals of North Carolina.

May 2, 1989.


Attorney(s) appearing for the Case

W.T. Culpepper, III, Edenton, for plaintiff-appellee.

D. Keith Teague by Joseph H. Forbes, Jr., Elizabeth City, for defendant-appellant.


EAGLES, Judge.

Defendant appeals the trial court's ruling that the parties' separation agreement bars her claim for equitable distribution and alimony. We hold that plaintiff breached the separation agreement and, accordingly, we reverse and remand for trial.

Defendant first assigns as error the trial court's finding of fact that the plaintiff's loan of $102,000 to Edenton was not an asset owned by plaintiff. We hold that the monies owed plaintiff pursuant...

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