Court of Appeals of North Carolina August 5, 1980, 7911DC1157, 8011DC49 (Gardner v. Gardner)

PARKER, Judge.

Defendant’s Appeal

The issue before the Supreme Court in the prior appeal of this case in

Gardner v. Gardner,

294 N.C. 172, 240 S.E. 2d 399 (1978) was whether the trial court erred in denying defendant-wife’s motion to dismiss or stay his action in Johnston County

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pending resolution of Case No. 76CVD620, her action for alimony without divorce in Wayne County.