Opinion
No. 455A97
Filed 6 March 1998
Appeal by defendant pursuant to N.C.G.S. § 7A-30(2) from the unpublished decision of a divided panel of the Court of Appeals, 127 N.C. App. 396, 490 S.E.2d 256 (1997), affirming in part, reversing in part and remanding a judgment entered by Cashwell, J., on 10 May 1996, in Superior Court, Wake County. Heard in the Supreme Court 9 February 1998.
Glover Petersen, P.A., by James R. Glover, for plaintiff-appellee.
Davis, Sturges Tomlinson, by Charles M. Davis and John W. Davis, for defendant-appellant.
As to the issue on direct appeal based on the dissenting opinion of Walker, J., we reverse the decision of the Court of Appeals and we remand this case to that court for further remand to the Superior Court, Wake County, for reinstatement of its summary judgment for defendant on plaintiff's unlawful eviction claim.
REVERSED AND REMANDED.