Myers v. Mcgrady, 619 S.E.2d 510 (2005)

Aug. 18, 2005 · Supreme Court of North Carolina · No. 391A04-2.
619 S.E.2d 510
Gail M. MYERS, Ancillary Administratrix of the Estate of Darryl Myers, Plaintiff v. SHIRLEY McGRADY, Thomas W. Higgins, Michael P. Murphy, James F. Foust, William A. Spencer, Jr., and Verian Ladson, Successor Representative for the Estate of J.C. Myers, Jr., Defendants and Shirley McGrady, Thomas W. Higgins, James F. Foust, William A. Spencer, Jr., and Verian Ladson, Successor Representative for the Estate of J.C. Myers, Jr., Third Party Plaintiffs v. N.C. Division of Forest Resources, A Division of N.C. Dept. of Environment and Natural Resources, Third Party Defendant.

Gail M. MYERS, Ancillary Administratrix of the Estate of Darryl Myers, Plaintiff
v.
SHIRLEY McGRADY, Thomas W. Higgins, Michael P. Murphy, James F. Foust, William A. Spencer, Jr., and Verian Ladson, Successor Representative for the Estate of J.C. Myers, Jr., Defendants and
Shirley McGrady, Thomas W. Higgins, James F. Foust, William A. Spencer, Jr., and Verian Ladson, Successor Representative for the Estate of J.C. Myers, Jr., Third Party Plaintiffs
v.
N.C. Division of Forest Resources, A Division of N.C. Dept. of Environment and Natural Resources, Third Party Defendant.

No. 391A04-2.

Supreme Court of North Carolina.

August 18, 2005.

Christopher G. Browning, Jr., Solicitor-General, Robert T. Hargett, Amar Majmundar, Special Deputy Attorney Generals, for N.C. Div. of Forest Res., et al.

Donald B. Strickland, Goldsboro, Jerome P. Trehy, Jr., Raleigh, Dirk J. Derrick, Conway, SC, for Gail M. Myers.

Steven M. Sartorio, Jamal A. Rhinehardt, Raleigh, for Shirley McGrady & Thomas Higgins.

Rodney E. Petty, for Michael P. Murphy.

F. Fincher Jarrell, Charlotte, for James Foust & William Spencer.

Douglas E. Debank, for Verian Ladson.

Charles L. Becton, Raleigh, for Interested Pary.

ORDER

Upon consideration of the petition for discretionary review, filed by Third-Party Defendant on the 12th day of July 2005 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Allowed by order of the Court in conference, this the 18th day of August 2005."

Third-Party Defendant shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.

Accordingly, the new brief of the Third-Party Defendant shall be filed with this Court not more than 30 days from the date of certification of this order.