Soares v. Soares

HEDRICK, Chief Judge.

The judgment from which this appeal is taken is not a final judgment by its own terms. In our opinion, however, the order that the marital home be sold involves a substantial right from which defendant is entitled to an immediate appeal. G.S. 1-277.

Defendant contends the trial judge erred in denying her claim for alimony based on abandonment. Abandonment is a legal conclusion which must be based upon factual findings supported by competent evidence. Patton v. Patton, 78 N.C. App. 247, 337 S.E. 2d 607 (1985), rev’d in part on other grounds, 318 N.C. 404, 348 S.E. 2d 593…