Frissell v. Frissell

MARTIN (Harry C.), Judge.

The question raised on this appeal is whether plaintiff waived his right to a jury trial on the issue of permanent alimony. The district court, in its order denying plaintiffs motion to vacate the permanent alimony order, concluded as a matter of law that plaintiff had waived his right to a jury trial by his failure to appear, either personally or by counsel, when the issue of permanent alimony was decided by the district court.

Plaintiff insists there was no waiver of jury trial and relies upon Heidler v. Heidler, 42 N.C. App. 481, 256 S.E. 2d 833 (1979). In Heidler,…