Chidnese v. Chidnese

CALABRIA, Judge.

Kathy Jean Chidnese (“plaintiff”) appeals the trial court’s order dismissing, with prejudice, all of her claims against defendant Diane McDonald (“McDonald”) pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) (2009). Plaintiffs claims against defendant Patrick N. Chidnese (“Chidnese”) had not been resolved at the time the trial court’s order was entered, and as a result, Chidnese is not a party to this appeal. We affirm in part and reverse in part.

I. Background

According to the allegations contained in plaintiff’s complaint, plaintiff married Chidnese on. 16 February 1985. The…