In re H.N.D., 364 N.C. 597 (2010)

Dec. 20, 2010 · Supreme Court of North Carolina · No. 359A10

364 N.C. 597

IN THE MATTER OF H.N.D.

(Filed 20 December 2010)

No. 359A10

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals,-N.C. App.-, 696 S.E.2d 783 (2010), reversing adjudication and dispositional orders signed on 25 November 2009 and filed on 30 November 2009 by Judge Carol A. Jones-Wilson in District Court, Sampson County, and remanding to the trial court for further proceedings. Heard in the Supreme Court 16 November 2010.

Warrick and Bradshaw, P.A., by Frank L. Bradshaw; and Northen Blue, LLP, by Samantha H. Cabe, for petitioner-appellant Sampson County Department of Social Services.

Ryan McKaig for respondent-appellee mother.

PER-CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.

PENNY CUMMINGS v. AGNES ORTEGA, M.D. and WOMEN’S HEALTH CARE SPECIALISTS

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ORDER

No. 417P10

The defendant’s Petition for Discretionary Review is allowed on the following issue only: “Did the trial court err by relying on evidence contained within juror affidavits to grant plaintiff a new trial?”

By order of the Court in Conference, this 15th day of December, 2010.

Hudson. J.

For the Court