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Flack v. Garriss

Supreme Court of North Carolina
Jan 1, 1983
298 S.E.2d 387 (N.C. 1983)

Opinion

No. 523A82

Filed 11 January 1983

Appeal and Error 46 — equally divided Court — decision affirmed — no precedent Where one member of the Supreme Court did not participate in the consideration or decision of a case and the remaining six Justices are equally divided, the decision of the Court of Appeals is affirmed and stands without precedential value.

APPEAL of right by the plaintiffs pursuant to G.S. 7A-30 (2) from a decision of a divided panel of the Court of Appeals, 58 N.C. App. 573, 293 S.E.2d 827 (1982), finding no error in the trial of this case.

Josey, Josey, Hanudel and Jordan, by V. Thomas Jordan, Jr., for plaintiff-appellants.

Perry, Kittrell, Blackburn and Blackburn, by George T. Blackburn, II, for defendant-appellees.


Justice MARTIN took no part in the consideration or decision of this case.


Justice Martin took no part in the consideration or decision of this case. The remaining members of this Court being equally divided, with three members voting to affirm the Court of Appeals and three members voting to reverse, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See State v. Johnson, 286 N.C. 331, 210 S.E.2d 260 (1974).

Affirmed.

Justice MARTIN took no part in the consideration or decision of this case.


Summaries of

Flack v. Garriss

Supreme Court of North Carolina
Jan 1, 1983
298 S.E.2d 387 (N.C. 1983)
Case details for

Flack v. Garriss

Case Details

Full title:PATRICK RANDOLPH FLACK AND LOIS ELAINE FLACK, BY AND THROUGH THEIR…

Court:Supreme Court of North Carolina

Date published: Jan 1, 1983

Citations

298 S.E.2d 387 (N.C. 1983)
298 S.E.2d 387