HARROFF v. HARROFF

No. 8919DC1364.

398 S.E.2d 340 (1990)

100 N.C. App. 686

Michele Lynn Kelly HARROFF v. John Cole HARROFF.

Court of Appeals of North Carolina.

December 4, 1990.


Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice by Carole S. Gailor, Raleigh, for plaintiff-appellant.

Tucker, Hicks, Hodge and Cranford, P.A. by John E. Hodge, Jr., Fred A. Hicks and Terri L. Young, Charlotte, for defendant-appellee.


COZORT, Judge.

Plaintiff-wife brought an action to rescind a separation agreement, alleging a breach of fiduciary duty by the husband in procuring her signature to the separation agreement. The trial court granted summary judgment for the defendant-husband. We reverse, finding there are genuine issues of material fact concerning (1) whether the husband had a fiduciary duty to the wife at the time the agreement was signed; and (2) whether the husband failed to disclose...

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