Summary
In Richland, the trial court granted a defendant's Rule 12(b)(6) motion but considered other evidence concerning some of the defendant's arguments.
Summary of this case from Gaston Cnty. Bd. of Educ. v. Shelco, LLCOpinion
No. 391A96
Filed 9 May 1997
Appeal by plaintiff pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 123 N.C. App. 345, 473 S.E.2d 649 (1996), affirming an order allowing defendants' motion to dismiss entered by Hight, J., on 9 September 1994, in Superior Court, Wake County. Heard in the Supreme Court 17 April 1997.
Wyrick, Robbins, Yates Ponton L.L.P., by Samuel T. Wyrick, III, and Lee M. Whitman, for plaintiff-appellant.
Wyche Story, L.L.P., by N. Hunter Wyche, Jr., and Philip R. Isley, for defendant-appellees.
For the reasons stated in the dissenting opinion by Judge Greene, the decision of the Court of Appeals is reversed and the case is remanded to the Court of Appeals for remand to the Superior Court, Wake County, for further proceedings not inconsistent with Judge Greene's dissenting opinion.
REVERSED AND REMANDED.