For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.
REVERSED.
Horry v. Woodbury, 673 S.E.2d 127 (2009)
Feb. 6, 2009
·
Supreme Court of North Carolina
·
No. 198A08.
673 S.E.2d 127
Joseph HORRY, Jr.
v.
David H. WOODBURY, Individually and as the Executor of the Estate of Ruth N. Horry.
No. 198A08.
Supreme Court of North Carolina.
February 6, 2009.
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. ___, 659 S.E.2d 88 (2008), reversing and remanding orders entered on 21 September 2005 and 8 October 2005 by Judge Steve A. Balog in Superior Court, Durham County, and instructing the trial court to dismiss plaintiff's claims. Heard in the Supreme Court 19 November 2008.
Brady, Nordgren, Morton & Malone, PLLC, by Travis K. Morton, Raleigh, for plaintiff-appellant.
Hedrick Murray Bryson Kennett Mauch & Connor, PLLC, by Josiah S. Murray, III, Durham, for defendant-appellee.