Opinion
No. 113PA92
Filed 12 February 1993
On discretionary review pursuant to N.C.G.S. 7A-31 of a decision of the Court of Appeals, 105 N.C. App. 612, 414 S.E.2d 49 (1992), affirming an order of summary judgment for plaintiff entered by Greene, J., in Superior Court, Wayne County. Heard in the Supreme Court 12 January 1993.
Gaskins Gaskins, P.A., by Herman E. Gaskins, Jr., for plaintiff appellee.
Smith Helms Mullis Moore, by Alan W. Duncan and J. Donald Hobart, Jr., for defendant appellant.
The issue presented is controlled by our decision in Nationwide Mutual Ins. Co. v. Silverman, 332 N.C. 633, 423 S.E.2d 68 (1992), which was filed subsequent to the decisions of both the trial court and the Court of Appeals. Under the authority of Silverman, the decision of the Court of Appeals affirming the order of the Superior Court, Wayne County, is reversed. The cause is remanded to the Superior Court, Wayne County, with instructions to vacate the order of summary judgment for plaintiff and enter an order or judgment resolving the issue presented in accordance with the law as established in Silverman.
REVERSED AND REMANDED.