---v--- filed N.C. Court of Appeals, Nov. 2, 2010 (No. 09-1662).
The parties lived together in Texas before moving to North Carolina. The "wife" filed a complaint for divorce, post-separation support, alimony, and equitable distribution. She alleged that she and "her husband" were common law Husband and Wife under the laws of Texas. He responded to the complaint by denying that the parties were married. He failed to assert any Chapter 50 counterclaims; however, he did assert counterclaims for summary eviction, conversion, and claim and delivery related to real property that had previously been owned by the "wife", but that she had deeded to him prior to her filing bankruptcy. The trial court denied "wife's" claim for divorce finding that, based upon the North Carolina court's interpretation of Texas law, the parties were not common law husband and wife because they had no "present agreement to be husband and wife." The "wife" appealed the trial court's denial of her claim for divorce. The Court of Appeals dismissed her appeal as interlocutory because there was no evidence in the record that his counterclaims had been resolved. (Suzanne Schaper's note: Neither party addressed the interlocutory nature of the appeal in the briefs - the Court of Appeals dismissed the appeal on its own motion.)