Opinion
NO. 665PA82
Filed 3 May 1983
JUDGE Collier on 2 September 1981 in IREDELL Superior Court entered summary judgment for plaintiff. The Court of Appeals affirmed in an opinion by Chief Judge Morris in which Judges Martin and Becton concurred. 59 N.C. App. 292, 296 S.E.2d 521 (1982). We allowed defendant's petition for discretionary review on 28 January 1983.
Raymer, Lewis, Eisele, Patterson Ashburn by Douglas G. Eisele, for plaintiff appellee.
Pope, McMillan, Gourley Kutteh by Robert H. Gourley, for defendant appellant.
This is an action for a declaratory judgment to determine the appropriate disposition of proceeds of a money market savings certificate. The trial court determined plaintiff was the owner of the account at First Savings and Loan Association of Statesville and the Court of Appeals affirmed. After reviewing the record and briefs, and hearing oral arguments on the question presented, we conclude the petition for further review was improvidently granted. Our order granting further review is vacated. The decision of the Court of Appeals affirming the judgment of Iredell Superior Court remains undisturbed and in full force and effect.
Discretionary review improvidently granted.