Gibson v. Gibson

HILL, Judge.

Our Supreme Court has concluded that a decree of specific performance is appropriate in an action for the enforcement of a separation agreement not incorporated into a judicial decree of divorce. Moore v. Moore, 297 N.C. 14, 252 S.E. 2d 735 (1979). We are now faced with the question of whether Moore authorizes the trial judge to grant specific performance of a separation agreement in order to preserve the status quo pending final determination of the merits at trial. We conclude that Moore applies in this situation, and that the grant of specific performance was appropriate.

Justice…