Opinion
No. 344P23
05-21-2024
UNIVERSAL LIFE INSURANCE COMPANY v. Greg E. LINDBERG
Matthew Nis Leerberg, Attorney at Law, Raleigh, For Greg E. Lindberg. Elizabeth Sims Hedrick, Attorney at Law, Raleigh, For Greg E. Lindberg. Christopher G. Browning, Jr., Attorney at Law, Raleigh, For Universal Life Insurance Company. Wes J. Camden, Attorney at Law, Raleigh, For Southland National Insurance Company, et al. Daniel S. Johnson, Special Deputy Attorney General, For Mike Causey (North Carolina Commissioner of Insurance). M. Denise Stanford, Special Deputy Attorney General, For Mike Causey (North Carolina Commissioner of Insurance).
From N.C. Court of Appeals, 23-274; From Durham, 22CVS2507, Sixteenth District
Matthew Nis Leerberg, Attorney at Law, Raleigh, For Greg E. Lindberg.
Elizabeth Sims Hedrick, Attorney at Law, Raleigh, For Greg E. Lindberg.
Christopher G. Browning, Jr., Attorney at Law, Raleigh, For Universal Life Insurance Company.
Wes J. Camden, Attorney at Law, Raleigh, For Southland National Insurance Company, et al.
Daniel S. Johnson, Special Deputy Attorney General, For Mike Causey (North Carolina Commissioner of Insurance).
M. Denise Stanford, Special Deputy Attorney General, For Mike Causey (North Carolina Commissioner of Insurance).
ORDER
This matter is before this Court on plaintiff’s petition for discretionary review of a decision of the Court of Appeals vacating an injunction and reversing in part a charging order entered by the trial court against defendant. This petition is allowed to determine (1) whether Article 31 proceedings require the return of an unexecuted writ before a trial court has the jurisdiction to act and to address the conflicting line of cases at the Court of Appeals, and (2) whether the Court of Appeals erred by reviewing this interlocutory order as an appeal of right under N.C.G.S. § 7A-27(b)(3)(b). The petition is denied as to all remaining arguments.
By order of the Court in Conference, this the 21st day of May 2024.