Gates v. Gates 312 N.C. 620

CLAUDINE JOHNSON GATES (SPEISER) v. ROY LEE GATES

No. 432A84

(Filed 8 January 1985)

PLAINTIFF appeals as a matter of right, pursuant to G.S. 7A-30(2), from a decision of a divided panel of the Court of Appeals, 69 N.C. App. 421, 317 S.E. 2d 402 (1984), denying plaintiffs motion to dismiss defendant’s appeal, vacating the judgment entered on 21 January 1983 by Fuller, J., in District Court, DAVIDSON County and remanding the case for further proceedings.

J. Calvin Cunningham and Charles E. Frye, III, for plaintiff appellant.

Brinkley, Walser, McGirt, Miller & Smith, by Charles H. McGirt and Stephen W. Coles, for defendant-appellee.