Bird v. Bird

MARTIN, Justice.

This appeal from a divided decision of the Court of Appeals presents the question of whether defendant’s forecast of evidence was sufficient to overcome plaintiff’s motion for summary judgment. The Court of Appeals held that the trial court erred in granting summary judgment to plaintiff. We affirm.

Plaintiff Deborah Hampton Bird and defendant James Calvin Bird, II were married on 18 August 1985 and legally separated on or about 1 January 2004. On 25 June 2004, plaintiff filed a .complaint in District Court, Guilford County, seeking child custody, child support, postseparation…