Opinion
No. 445PA94
Filed 9 February 1996
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 115 N.C. App. 464, 445 S.E.2d 63 (1994), affirming a judgment entered by Stephens (Donald W.), J., on 30 April 1993 in Superior Court, Wake County. Pursuant to Rule 30(f)(1) of the North Carolina Rules of Appellate Procedure, this case was reviewed without oral argument.
Law Offices of Paul Devendel Davis, by Paul D. Davis, for plaintiff-appellee.
Frazier, Frazier Mahler, L.L.P., by Torin L. Fury, for defendant-appellant.
The decision of the Court of Appeals is vacated, and the case is remanded for further consideration in light of the authority of Nationwide Mut. Ins. Co. v. Mabe, 342 N.C. 482, 467 S.E.2d 34 (1996), and Bray v. N.C. Farm Bureau Mut. Ins. Co., 341 N.C. 678, 462 S.E.2d 650 (1995).
VACATED AND REMANDED.