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SMITH v. SMITH

No. 372PA92.

431 S.E.2d 196 (1993)

334 N.C. 81

Gatsy N. SMITH v. Durwood Eugene SMITH and wife, Mrs. Durwood Eugene Smith, and Michael A. Ellis, Administrator of the Estate of Wayne Smith, Deceased, John E. Duke, Guardian Ad Litem for Cornelius Wayne Smith, and Kevin F. MacQueen, Guardian Ad Litem for Little Red Smith (now Chadwick Brian Smith).

Supreme Court of North Carolina.

July 2, 1993.

Attorney(s) appearing for the Case

Law Offices of Roland C. Braswell by Roland C. Braswell, Goldsboro, for plaintiff-appellee.

Paul B. Edmundson, Jr., and Dees, Smith, Powell, Jarrett, Dees & Jones by Tommy W. Jarrett, Goldsboro, for defendant-appellants Mr. and Mrs. Durwood Smith.

Bruce and Bryant, P.A. by R. Michael Bruce, Goldsboro, for defendant-appellee John E. Duke, Guardian ad Litem for Cornelius Wayne Smith.

MEYER, Justice.

The issue that we must resolve in this case is whether an existing equitable distribution judgment in a former action may be collaterally attacked. We conclude that the Court of Appeals erred in allowing a collateral attack upon a judgment in a prior action, which ordered an equitable distribution, and hold that the judgment must be directly attacked by a motion in the prior case to modify or set aside the judgment.

An examination of the pleadings...

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