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NO. COA11-604 NORTH CAROLINA COURT OF APPEALS Filed: 5 June 2012 SUZANNE ST. CLAIR BOWRON BELK, Minor Child, by and through her Guardian Ad Litem, SUZANNE B. BELK, Petitioner, v. WILLIAM I. BELK, Respondent. Mecklenburg County No. 09 SP 7845

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Appeal and Error -- affirmative defenses -- failure present issue for review -- argument deemed abandoned

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The trial court did not err in a case involving the removal of respondent as custodian of all accounts created under the North Carolina Uniform Transfers to Minors Act for the benefit of his minor daughter by failing to dismiss the action based on the doctrines of res judicata and collateral estoppel. Respondent failed to present the Court of Appeals with an issue to review and respondent's argument as to his affirmative defenses was deemed abandoned. 2. Damages and Remedies -- interest on sum ordered to be reimbursed -- North Carolina Uniform Transfers to Minors Act -- lost income The trial court did not err in a case involving the removal of respondent as custodian of all accounts created under the North Carolina Uniform Transfers to Minors Act ("UTMA") for the benefit of his minor daughter by ordering respondent to pay interest on the sum he was ordered to reimburse for improper withdrawals, accruing from the dates of the wrongful disbursements. The trial court awarded interest on the wrongfully removed funds as a reimbursement of the lost income to the custodial account and did not award pre-judgment interest under N.C.G.S.

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North Carolina Law