Arney v. Arney

VAUGHN, Chief Judge.

This case presents a single issue: Did the trial court err when it ruled that defendant had waived his right to a jury trial on the issue of absolute divorce? We find no error and therefore affirm.

Rule 38(b) of the North Carolina Rules of Civil Procedure provides in part that “[a]ny party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to such issue.” The defendant’s answer…