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DIANA MAE PATAKY
v.
KENNETH PATAKY
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 160 N.C.
App. 289, 585 S.E.2d 404 (2003), reversing and remanding an Order
entered 30 November 2001 by Judge William L. Daisy in District
Court, Guilford County. On 5 February 2004, the Supreme Court
allowed discretionary review of an additional issue. Heard in
the Supreme Court 14 September 2004.
Nix & Cecil, by Lee M. Cecil, for plaintiff-appellant.
Joyce L. Terres for defendant-appellee.
PER CURIAM.
As to the appeal of right based on the dissenting
opinion, we affirm the majority decision of the Court of Appeals.
We conclude that the petition for discretionary review as to an
additional issue was improvidently allowed.
AFFIRMED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
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