All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Car olina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be consid ered authoritative.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of
a divided panel of the Court of Appeals, 143 N.C. App. 646, 547
S.E.2d 483 (2001), affirming an order entered 3 March 2000 by
Burke, J., in Superior Court, Surry County. On 19 July 2001, the
Supreme Court allowed respondent Lunsford's petition for
discretionary review as to additional issues. Heard in the
Supreme Court 15 November 2001.
Royster and Royster, by Stephen G. Royster and Michael D.
Beal, for petitioner-appellee Dawn Collins Bean.
Law Offices of Jonathan S. Dills, P.A., by Jonathan S. Dills
and Daniel B. Anthony, for respondent-appellant Randy Keith
Lunsford.
ORDER.
The opinion of the Court of Appeals is vacated. This case
is remanded to the Court of Appeals for further remand to the
trial court for additional findings of fact as to (1) whether
respondent Randy Lunsford abandoned Candice Leigh Lunsford;
(2) if so, whether respondent Randy Lunsford resumed care and
maintenance of Candice Leigh Lunsford at least one year prior to
her death and continued the same until her death; and (3) whether
respondent Randy Lunsford “substantially complied” with all
orders of the trial court requiring contribution to the support
of the child. So ordered by the Court in Conference, this the 18th day of
December, 2001.
s/Butterfield, J
.
For the Court
WITNESS my hand and the seal of the Supreme Court of North
Carolina, this the 18th day of December, 2001.
CHRISTIE SPEIR CAME
RON
Clerk of the Suprem
e Court
s/Carol B. Templ
eton
Assistant Clerk
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