Court of Appeals of North Carolina July 31, 1979, 7821DC1038 (Heidler v. Heidler)

PARKER, Judge.

The plaintiff assigns error to the trial court’s failure to submit issues of fact to a jury. The plaintiff contends that this failure constituted reversible error because plaintiff had not given his consent to the withdrawal of defendant’s jury trial demand as required by G.S. 1A-1, Rule 38(d). We agree and reverse.

Rule 38(d) provides:

Waiver.