Levitch v. Levitch

BRITT, Judge.

Defendant has moved in this court that the appeal be dismissed for the reason that plaintiff did not comply with the rules of the court in perfecting her appeal. Although the motion has merit, we elect to treat the papers filed as a petition for writ of certiorari, allow the petition and proceed to consider the cause on the merits.

The crucial question presented by this appeal is: May defendant be compelled by contempt proceedings to pay alimony as provided in the separation agreement? The answer is no.

While the Supreme Court in Bunn v. Bunn, 262 N.C. 67, 136 S.E. 2d 240 (1964),…