Brock & Scott Holdings, Inc. v. West, 364 N.C. 235 (2010)

June 17, 2010 · Supreme Court of North Carolina · No. 352PA09

364 N.C. 235

BROCK AND SCOTT HOLDINGS, INC. v. KIM D. WEST

No. 352PA09

(Filed 17 June 2010)

On discretionary review pursuant to N.C.G.S. § 7A-3I of a unanimous decision of the Court of Appeals, 198 N.C. App.-, 679 S.E.2d 507 (2009), dismissing plaintiffs appeal from a judgment and order entered on 3 June 2008 by Judge James H. Faison, IIP in District Court, Pender County. Heard in the Supreme Court 11 May 2010.

Richard P. Cook, and Brock & Scott, PLLC, by Richard L. Jackson, for plaintiff-appellant.

No brief for defendant-appellee.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

IN THE MATTER OF: J.A.G.

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ORDER

No. 69P10

The Court allows the State’s petition for discretionary review for the limited purpose of remanding to the Court of Appeals for reconsideration in light of our decision in In re D.S., No. 273PA09 (June 17, 2010).

By Order of the Court in Conference, this 16th day of June, 2010.

For the Court

Hudson, J.

STATE OF NORTH CAROLINA v. DAMIEN SMITH

) ) ) ) )

ORDER

No. 58P10

The Court allows the State’s petition for discretionary review for the limited purpose of remanding to the Court of Appeals for reconsideration in light of our decision in In re D.S., No. 273PA09 (June 17, 2010).

By Order of the Court in Conference, this 16th day of June, 2010.

For the Court

Hudson, J.

WILLIAM L. UNDERWOOD v. TERESA W. UNDERWOOD

) ) ) ) )

ORDER

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No. 447P09

We treat this petition as a Petition for Writ of Certiorari, and allow for the limited purpose of remanding to the Court of Appeals for reconsideration in light of Walters v. Walters, 307 N.C. 381, 298 S.E.2d 338 (1983).

By order of this Court in Conference, this 16th day of June, 2010.

For the Court

Hudson, J.

Moss Creek Homeowners Ass’n. v. Bissette Case below: 202 N.C. App.-(2 February 2010) No. 107P10 1. Defs’ and Third-Party Pits’ (Ted and Mary Bissette) PDR Under N.C.G.S. § 7A-31 (COA08-1156-2) 2. Pits’ and Third-Party Defs’ Conditional PDR Under N.C.G.S. § 7A-31 1. Denied 06/16/10 2. Dismissed as Moot 06/16/10 Puckett v. N.C. Dep’t of Corr. Case below: 202 N.C. App.-(16 February 2010) No. 126P10 Pit’s PDR Under N.C.G.S. § 7A-31 (COA09-782) Denied 06/16/10 Reese v. Mecklenburg Cty. Case below: 200 N.C. App.-(3 November 2009) No. 505P09 Pit’s PDR Under N.C.G.S. § 7A-31 (COA08-1417) Denied 06/16/10 State v. Arrington Case below: 202 N.C. App. —■ (2 March 2010) No. 132P10 Def’s PDR Under N.C.G.S. § 7A-31 (COA09-660) Denied 06/16/10 State v. Arrington Case below: 198 N.C. App.-(21 July 2009) No. 138P10 Defs PDR Under N.C.G.S. § 7A-31 (COA08-1355) Denied 06/16/10 State v. Berrio Case below: 202 N.C. App.-(19 January 2010) No. 087P10 Def’s PDR Under N.C.G.S. § 7A-31 (COA09-608) Denied 06/16/10 State v. Blakeman Case below: 202 N.C. App.-(2 February 2010) No. 102P10 Def’s PDR Under N.C.G.S. § 7A-31 (COA09-699) Denied 06/16/10 State v. Breathette Case below: 202 N.C. App.-(2 March 2010) No. 154P10 Def’s PDR Under N.C.G.S. § 7A-31 (COA09-1007) . Denied 06/16/10 State v. Brennan Case below: 203 N.C. App.-(4 May 2010) No. 211P10 State’s Motion for Temporary Stay (COA09-1362) Allowed 05/21/10

PETITION TO REHEAR