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Domestic Relations – Contract — Prenuptial Agreement – Civil Practice – Jurisdiction
North Carolina Lawyers Weekly Staff//June 18, 2013//
Callanan v. Walsh (Lawyers Weekly No. 13-07-0604, 10 pp.) (Rick Elmore, J.) Appealed from Transylvania County Superior Court (Mark E. Powell, J.) N.C. App.
Holding: In their divorce/equitable distribution case, the parties invoked the district court’s jurisdiction to decide matters related to their premarital agreement. Therefore, the superior court lacks jurisdiction to adjudicate plaintiff’s claim that defendant breached the premarital agreement.
We reverse the trial court’s denial of defendant’s motion to dismiss.
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