Adkins v. Adkins

[82 NCApp Page 291] Defendant first assigns as error the failure of the trial court to grant his motion to dismiss based on the defense of equitable estoppel. The trial court denied this motion based on the finding that defendant had not relied upon the adoption of the child in not making payments which he had stopped in 1971. Both defendant and the child testified that they each believed that she had been adopted by plaintiff's husband in April 1975, and did not learn differently until the child went with defendant to get her driver's license in 1985.