Ezell v. Dept. of Health Human Services

Full title: PAMMY AUSTIN EZELL AS GUARDIAN AD LITEM OF MICHELLE LYNN MORLAND, AND…

Court: Supreme Court of North Carolina

Date published: Jun 30, 2006

360 N.C. 529 (N.C. 2006)

360 N.C. 529

Opinion

631 S.E.2d 131 (N.C. 2006) 360 N.C. 529 Pammy Austin EZELL as Guardian ad Litem of Michelle Lynn Morland, and North Carolina Department of Health and Human Services, Division of Medical Assistance, Intervenor v. GRACE HOSPITAL, INC., John F. Whalley, M.D., and Mountain View Pediatrics, P.A. No. 44A06. Supreme Court of North Carolina June 30, 2006

          Heard in the Supreme Court 18 April 2006.

         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. ----, 623 S.E.2d 79 (2005), vacating an order signed on 22 January 2004 by Judge Robert C. Ervin in Superior Court, Burke County, and remanding for further findings.

         Elam & Rousseaux, P.A., by Michael J. Rousseaux and William H. Elam, Charlotte, for plaintiff-appellee.

         Roy Cooper, Attorney General, by Belinda A. Smith, Assistant Attorney General, and Gayl M. Manthei, Special Deputy Attorney General, for plaintiff-intervenor-appellant North Carolina Department of Health and Human Services, Division of Medical Assistance.

         Christopher R. Nichols, Raleigh, Counsel for the North Carolina Academy of Trial Lawyers, amicus curiae.

         PER CURIAM.

         For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. 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.