Opinion
No. 52A11
Filed 7 October 2011
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. ___, 703 S.E.2d 832 (2011), affirming an order entered on 8 October 2009 by Judge Bradley B. Letts in Superior Court, Buncombe County. On 10 March 2011, the Supreme Court allowed defendant's petition for discretionary review of additional issues. Heard in the Supreme Court 8 September 2011.
Hyler Lopez, P.A., by Robert J. Lopez, for plaintiff-appellee. Doughton Hart PLLC, by Thomas J. Doughton and Amy L. Rich, for defendant-appellant Buncombe County Sheriff's Department.
We reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion. Further, we conclude that the petition for discretionary review as to additional issues was improvidently allowed. This case is remanded to the Court of Appeals for further remand to the trial court for further proceedings not inconsistent with this opinion.
REVERSED AND REMANDED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
Justice JACKSON did not participate in the consideration or decision of this case.