Doub v. Doub

Except as modified herein, we affirm the decision of the Court of Appeals. That court correctly held that our decision in Walters v. Walters, 307 N.C. 381, 298 S.E. 2d 338 (1983), did not apply to the judgment at issue. However, the Court of Appeals fell into error when it stated by way of dicta:

Even if the Walters decision were construed to apply to a 1978 judgment, we believe that it would not control here. In this case, plaintiff has elected to sue defendant for breach of contract instead of invoking the contempt powers of the court to enforce the court ordered separation agreement. We do…