All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina 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 considered authoritative.
BARRETT L. CRAWFORD, Trustee in the bankruptcy of Jeter Edward
Greene, and JETER EDWARD GREENE
v.
COMMERCIAL UNION MIDWEST INSURANCE COMPANY, GERALD BENFIELD, and
BENFIELD INSURANCE ENTERPRISES
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 147 N.C.
App. 455, 556 S.E.2d 30 (2001), reversing and remanding an order
for summary judgment entered 22 March 2000 and an order denying
reconsideration entered 24 May 2000, both orders entered by
Martin (Jerry Cash), J., in Superior Court, Burke County. Heard
in the Supreme Court 3 December 2002.
Daniel Law Firm P.A., by Stephen T. Daniel and
Warren T. Daniel, for plaintiff-appellees.
Young Moore and Henderson P.A., by Walter E. Brock,
Jr., and Christopher A. Page, for defendant-appellant
Commercial Union Midwest Insurance Company.
PER CURIAM.
Justice BUTTERFIELD did not participate in the
consideration or decision of this case. The remaining members of
the Court were equally divided, with three members voting to
affirm the decision of the Court of Appeals and three members
voting to reverse. Therefore, the decision of the Court of
Appeals is left undisturbed and stands without precedential
value. See Reese v. Barbee, 350 N.C. 60, 510 S.E.2d 374 (1999);
Nesbit v. Howard, 333 N.C. 782, 429 S.E.2d 730 (1993).
AFFIRMED.
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