Wheeler v. Welch, 332 N.C. 342 (1992)

Sept. 4, 1992 · Supreme Court of North Carolina · No. 149PA91

332 N.C. 342

TIMOTHY WHEELER, Plaintiff v. MICHAEL G. WELCH, NANCY WALDEN and husband, RICHARD WALDEN, and INTEGON INDEMNITY CORPORATION, Uninsured Motorist Carrier, Unnamed Defendant

No. 149PA91

(Filed 4 September 1992)

On discretionary review pursuant to N.C.G.S. § 7A-31 prior to determination by the Court of Appeals of a declaratory judgment for plaintiff entered by Butterfield, J., on 31 December 1990 in Superior Court, HARNETT County. Heard in the Supreme Court 16 October 1991.

James M. Johnson and Rhonda H. Ennis for plaintiff appellee.

Walter L. Horton, Jr., for defendant appellant.

PER CURIAM.

For the reasons stated in Lanning v. Allstate Insurance Co., 332 N.C. 309, 420 S.E.2d 186 (1992) (filed simultaneously herewith), the judgment is reversed, and the cause is remanded to the Superior Court, Harnett County, for entry of a judgment for defendant appellant.

Reversed.

Justices FRYE and LAKE did not participate in the consideration or decision of this case.