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.

IN THE SUPREME COURT OF NORTH CAROLINA

No. 206A03

FILED: 7 NOVEMBER 2003

CAROLYN AVERITT LANCASTER, CHARLES S. FOX, individually and as Executor of the Estate of CORNELIA AVERITT FOX, deceased, JANE GREGG DERBY, SABRA GREGG CAMPBELL and MARY MAC GREGG WILKINSON
v.

MAPLE STREET HOMEOWNERS ASSOCIATION, INC., A Nonprofit North Carolina Corporation

    Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 156 N.C. App. 429, 577 S.E.2d 365 (2003), ordering a new trial after appeal of judgment entered 14 August 2001 by Judge Dexter Brooks in Superior Court, Columbus County. Heard in the Supreme Court 16 October 2003.
    Mitchell, Brewer, Richardson, Adams, Burge & Boughman, by Ronnie M. Mitchell and Coy E. Brewer, Jr., for plaintiffs-appellants.

    Michael W. Willis; and Ward and Smith, P.A., by Kenneth R. Wooten and Hugh R. Overholt, for defendant- appellee.

    PER CURIAM.

    AFFIRMED.

    Justice BRADY did not participate in the consideration
or decision of this case.

*** Converted from WordPerfect ***