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Goodwin v. Webb

Supreme Court of North Carolina
Mar 1, 2003
357 N.C. 40 (N.C. 2003)

Summary

adopting dissenting opinion

Summary of this case from Smith v. Suntrust Bank (In re Smith)

Opinion

No. 524A02

Filed 28 March 2003

Divorce — separation agreement — duress — acceptance of benefits — ratification

The decision of the Court of Appeals that the trial court erred by granting summary judgment for defendant as to plaintiff's ratification of a separation agreement is reversed for the reasons stated in the dissenting opinion that plaintiff was not under duress at the time she accepted all the benefits under the agreement and thus ratified the agreement and cannot now challenge its validity.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 152 N.C. App. 650, 568 S.E.2d 311 (2002), reversing an order for summary judgment entered 4 June 2001 by Judge C. Preston Cornelius in Superior Court, Anson County. Heard in the Supreme Court 12 March 2003.

Baucom, Claytor, Benton, Morgan Wood, P.A., by Rex C. Morgan, for plaintiff-appellee. Etheridge, Moser, Garner, Bruner Wansker, PA, by Terry R. Garner, for defendant-appellant.


For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.


Summaries of

Goodwin v. Webb

Supreme Court of North Carolina
Mar 1, 2003
357 N.C. 40 (N.C. 2003)

adopting dissenting opinion

Summary of this case from Smith v. Suntrust Bank (In re Smith)

reasoning that wife who willingly accepted benefits of separation and property settlement agreement was estopped from challenging the agreement

Summary of this case from VF Jeanswear Ltd. Partnership v. Molina
Case details for

Goodwin v. Webb

Case Details

Full title:KATHY F. GOODWIN v. WILLIAM R. WEBB, JR., as Executor of the Estate of…

Court:Supreme Court of North Carolina

Date published: Mar 1, 2003

Citations

357 N.C. 40 (N.C. 2003)
577 S.E.2d 621

Citing Cases

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VF Jeanswear Ltd. Partnership v. Molina

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