Opinion
No. 338PA98
(Filed 4 March 1999)
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 130 N.C. App. 125, 502 S.E.2d 380 (1998), reversing and remanding an order entered on 9 October 1997 by Ellis, J., in Superior Court, Robeson County. On 5 November 1998, this Court allowed respondent's petition for discretionary review and petitioner's petition for discretionary review as to additional issues. Heard in the Supreme Court 9 February 1999.
Shipman Associates, L.L.P., by C. Wes Hodges, III, for petitioner-appellants and -appellees.
Womble Carlyle Sandridge Rice, P.L.L.C., by Mark A. Davis, for respondent-appellant and -appellee.
Justice Martin recused and took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See, e.g., Shackelford v. City of Wilmington, 349 N.C. 222, 505 S.E.2d 80 (1998).
AFFIRMED.