Legal Opinion

Fucito v. Francis

Court of Appeals of North Carolina

Decided December 20, 2005No. COA04-1641PublishedCited by 2 opinions

1Opinion of the Court

*661ELMORE, Judge.

Francine Maria Francis was married to Walter James Fucito for nearly twenty-four years before the two voluntarily signed a separation and property settlement agreement on 30 September 1992. As of 10 March 1993, the parties' agreement was incorporated into their divorce judgment. This case involves the trial court's interpretation of a distributive award provision in that incorporated agreement.

Within the agreement Mr. Fucito and Ms. Francis expressly waived alimony, noting "that he or she is not dependent upon or in need of maintenance and support from the other party," and also…

2Cases cited10 opinions

  1. Holden v. HoldenSupreme Court of North Carolina · 1956
  2. Walters v. WaltersSupreme Court of North Carolina · 1983
  3. Yount v. LoweSupreme Court of North Carolina · 1975
  4. Blevins v. WelchCourt of Appeals of North Carolina · 2000
  5. Home Health & Hospice Care, Inc. v. MeyerCourt of Appeals of North Carolina · 1987

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3Cited by2 opinions

  1. Barker v. BarkerCourt of Appeals of North Carolina · 2013
  2. Campbell v. CampbellCourt of Appeals of North Carolina · 2014

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