Ellison v. Gambill Oil Company, Inc., 661 S.E.2d 245 (2008)

April 10, 2008 · Supreme Court of North Carolina · No. 541A07.
661 S.E.2d 245
Kate H. ELLISON, Plaintiff v. GAMBILL OIL COMPANY, INC., J. Gwyn Gambill, Incorporated, Jim Gambill, Gunvantpuri B. Gosai and B & B Mini Mart, Inc.; Arlis Tester d/b/a/ Testers Garage and Muffler Shop and/or Testers Shell & Muffler Shop, Defendants and J. Gwyn Gambill, Inc., Third Party Plaintiff Jeff Barrett, doing business as Barrett Petroleum Equipment, Third Party Defendant and Rudram Enterprises, Inc., Intervenor.

Kate H. ELLISON, Plaintiff
v.
GAMBILL OIL COMPANY, INC., J. Gwyn Gambill, Incorporated, Jim Gambill, Gunvantpuri B. Gosai and B & B Mini Mart, Inc.; Arlis Tester d/b/a/ Testers Garage and Muffler Shop and/or Testers Shell & Muffler Shop, Defendants and
J. Gwyn Gambill, Inc., Third Party Plaintiff
Jeff Barrett, doing business as Barrett Petroleum Equipment, Third Party Defendant and
Rudram Enterprises, Inc., Intervenor.

No. 541A07.

Supreme Court of North Carolina.

April 10, 2008.

Warren A. Hutton, Forrest A. Ferrell, Hickory, for Kate H. Ellison.

Stephen L. Palmer, Hickory, for Palmer.

Jimmy D. Reeves, M. Alexander Reeves, West Jefferson, for Gambill.

Frank C. Wilson, III, Boone, for Gosai & B&B.

Prior report: ___ N.C.App. ___, 650 S.E.2d 819.

ORDER

Upon consideration of the petition for discretionary review, filed by Plaintiff on the 6th day of November 2007 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

"Denied by order of the Court in conference, this the 10th day of April 2008."

Plaintiff 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, only those issues which are the basis of the dissenting opinion in the Court of Appeals shall be presented to this Court in briefs. The Plaintiffs new brief so limited in scope shall be filed with this Court not more that 30 days from the date of certification of this order.