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.
MARGARET WILLIAMS PITTS, Individually and on behalf of all
persons similarly situated
v.
AMERICAN SECURITY INSURANCE COMPANY, AMERICAN SECURITY INSURANCE
GROUP, STANDARD GUARANTY INSURANCE COMPANY, AND WACHOVIA BANK OF
NORTH CAROLINA, N.A.
On discretionary review pursuant to N.C.G.S. § 7A-31 of
a unanimous decision of the Court of Appeals, 144 N.C. App. 1,
550 S.E.2d 179 (2001), reversing in part, vacating in part, and
remanding an order and opinion entered by Tennille, J., on
7 February 2000 in Superior Court, Pitt County. Heard in the
Supreme Court 9 September 2002.
The Blount Law Firm, P.L.L.C., by Marvin K. Blount,
Jr., for plaintiff-appellee.
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan,
L.L.P., by Carl N. Patterson, Jr., and Donald H.
Tucker, Jr., for defendant-appellants American Security
Insurance Company and Standard Guaranty Insurance
Company.
Womble Carlyle Sandridge & Rice, by Burley B. Mitchell,
Jr., Hada V. Haulsee, and Reid C. Adams, Jr., for
defendant-appellant Wachovia Bank of North Carolina,
N.A.
Bell, Davis & Pitt, P.A., by William K. Davis and
Stephen M. Russell, on behalf of the National
Association of Manufacturers, the Chamber of Commerce
of the United States, and United Services Automobile
Association, amici curiae.
North Carolina Justice Center, by Carlene McNulty, on
behalf of AARP, CRA-NC, Financial Protection Law
Center, North Carolina Consumer's Council, North
Carolina Justice and Community Development Center, and
NC PIRG, amici curiae; and Financial Protection Law
Center, by Mallam J. Maynard, amicus curiae.
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.,
by Edward C. Winslow III and Clinton R. Pinyan, onbehalf of North Carolina Bankers Association, amicus
curiae.
Rhoda Billings; and Robinson, Bradshaw & Hinson, P.A.,
by John M. Conley, on behalf of North Carolina Citizens
for Business and Industry, amicus curiae.
Lewis & Roberts, PLLC, by Gary W. Jackson, on behalf of
the North Carolina Academy of Trial Lawyers and the
American Civil Liberties Union of North Carolina Legal
Foundation, Inc., amici curiae.
PER CURIAM.
Justices ORR, WAINWRIGHT, and EDMUNDS did not
participate in the consideration or decision of this case. The
remaining members of the Court were equally divided, with two
members voting to affirm the decision of the Court of Appeals and
two 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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