Gardner v. Gardner

PARKER, Judge.

Defendant’s Appeal

The issue before the Supreme Court in the prior appeal of this case in Gardner v. Gardner, 294 N.C. 172, 240 S.E. 2d 399 (1978) was whether the trial court erred in denying defendant-wife’s motion to dismiss or stay his action in Johnston County pending resolution of Case No. 76CVD620, her action for alimony without divorce in Wayne County. In an opinion written by Exum, J., the court held that G.S. 1A-1, Rule 13 (a) required that a stay or a dismissal of this action with leave to plaintiff to file it as a counterclaim in the prior action should be granted,…