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Polk v. N.C. Farm Bureau Mut. Ins. Co.

Supreme Court of North Carolina
May 1, 1991
403 S.E.2d 255 (N.C. 1991)

Opinion

No. 287PA90

Filed 2 May 1991

Appeal and Error 551 (NCI4th) — evenly divided Court — decision affirmed without precedential value 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 superior court is left undisturbed and stands without precedential value.

Am Jur 2d, Appeal and Error 902.

ON discretionary review pursuant to N.C.G.S. 7A-31 prior to a determination by the Court of Appeals of summary judgment for plaintiff entered by Grant, J., at the 21 May 1990 Session of Superior Court, EDGECOMBE County. Heard in the Supreme Court 13 November 1990.

Connor, Bunn, Rogerson Woodard, P.A., by James F. Rogerson, for plaintiff-appellee.

Poyner Spruill, by George L. Simpson, III, for defendant-appellant.


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

Affirmed.


Summaries of

Polk v. N.C. Farm Bureau Mut. Ins. Co.

Supreme Court of North Carolina
May 1, 1991
403 S.E.2d 255 (N.C. 1991)
Case details for

Polk v. N.C. Farm Bureau Mut. Ins. Co.

Case Details

Full title:NORMAN L. POLK v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY

Court:Supreme Court of North Carolina

Date published: May 1, 1991

Citations

403 S.E.2d 255 (N.C. 1991)
403 S.E.2d 255