Redfern v. Redfern

HILL, Judge.

Plaintiff appellee filed a motion with this Court on 2 June 1980 requesting the matter be remanded to the Mecklenburg County Superior Court for an examination of whether plaintiff voluntarily sought to dismiss this action in the superior court after appeal had been perfected in this Court. Appeal having been made to this Court, this Court has jurisdiction of the matter. No attempt by plaintiff appellee to dismiss the action can be effective. We proceed to deal with the appeal on its merits.

Defendant contends the court erred in its finding of fact that the plaintiff and defendant…