Petitions for Discretionary Review

Full title: PETITIONS FOR DISCRETIONARY REVIEW

Court: Supreme Court of North Carolina

Date published: Jun 16, 1994

336 N.C. 604 (N.C. 1994)

336 N.C. 604

Opinion

447 S.E.2d 389 (N.C. 1994) 336 N.C. 604 Kenneth J. FOREMAN, Jr. and wife, Mary Frances O. Foreman, Trustees under Declaration of Trust dated August 6, 1981 v. S.H. SHOLL, M.D., Edward Henry Sholl, Eleanor B. Deex, George A. McElveen, Jr., B.G. Worth, Mrs. Bernard Germann, et al. No. 86A94. Supreme Court of North Carolina. June 16, 1994

       E. Glenn Kelly, Asheville, for plaintiffs.

       Grant B. Osborne, Asheville, for defendants.

       Prior report: 113 N.C.App. 282, 439 S.E.2d 169.

       ORDER

       Upon consideration of the petition for discretionary review, filed by Plaintiffs in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Allowed as to the question whether the seven-year statutory period under N.C.G.S. Section 1-38 had run at the time this action was instituted by order of the Court in conference, this the 16th day of June 1994."

       Accordingly, the new brief of the Plaintiffs shall be filed with this Court not more than 30 days from the date of certification of this order.

       Plaintiffs shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.