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Brannock v. Brannock12/7/1999
19, 1995 N.C. Sess. Laws 641, effective 1 October 1995 except as to pending litigation and motions seeking to modify orders and judgments in effect on the date. See G.S. § 50-16.1A et seq. Defendant filed his divorce action 17 July 1995 and plaintiff initiated her alimony claim under G.S. § 50-16.1 et seq. (repealed) on 14 August 1995, almost two months following passage of the new law and but six weeks prior to the effective date thereof. The parties were divorced 11 April 1996. However, it was not until almost one year later and nearly two years following passage of the new law that plaintiff voluntarily dismissed her alimony claim under the repealed statute on 21 March 1997 and filed her action based upon the new statute approximately two weeks later on 2 April 1997. The thrust of the holding in Harwood thus runs counter to plaintiff's situation herein.
Based upon the foregoing, the trial court's grant of summary judgment in favor of plaintiff is reversed and this case remanded for entry of summary judgment in favor of defendant.
Reversed and remanded with instructions.
Judges TIMMONS-GOODSON and HUNTER concur.
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