Myers v. Myers

Court of Appeals of North Carolina

Myers v. Myers

301 S.E.2d 522, 61 N.C. App. 748, 1983 N.C. App. LEXIS 2738

CourtCourt of Appeals of North Carolina

DecidedApril 19, 1983

Docket825DC181

StatusPublished

Cited by1 cases

This text of 301 S.E.2d 522 (Myers v. Myers) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Myers v. Myers, 301 S.E.2d 522, 61 N.C. App. 748, 1983 N.C. App. LEXIS 2738 (N.C. Ct. App. 1983).

Pincite

Opinion

*749 VAUGHN, Chief Judge.

Plaintiff filed this action for absolute divorce on 8 October 1981. Plaintiff also sought distribution of marital property under G.S. 50-20.

Defendant answered and, among other things, sought to have the action dismissed because of the pendency of a prior action filed by him on 15 July 1981 in the District Court of Onslow County. The prior action is said to involve substantially the same parties, subject matter, issues and relief sought so that a judgment in the first action would support a plea of res judicata in the present action.

The judge denied defendant’s “plea in abatement” and motion to dismiss. He also set out certain conclusions of law going to the merits of the defense alleged.

The appeal is from an interlocutory order and must, therefore, be dismissed. The merits of the conclusions of law set out in the order are, of course, not before us.

Appeal dismissed.

Judges Wells and Braswell concur.

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