Rosen v. Rosen

WELLS, Judge.

Procedurally, we first note that plaintiff has assigned error to the trial court’s denial of her motion for summary judgment. In Harris v. Walden, 314 N.C. 284, 333 S.E.2d 254 (1985), our Supreme Court held “that the denial of a motion for summary judgment is not reviewable during an appeal from a final judgment rendered in a trial on the merits.” There having been such a trial and final judgment in this case, this question is not before us.

Substantially, this appeal presents the question of the enforceability of the following provision in the parties’ separation agreement:

8.…