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.

LEVEL 3 COMMUNICATIONS, LLC ,
    Petitioner

    v.

CHARLES G. COUCH, JR.; JOE C. YOUNG, TRUSTEE, U/A DATED DECEMBER 24, 1992 WITH WAYNE T. UPCHURCH AND ELIZABETH C. UPCHURCH, KNOWN AS THE BARRY UPCHURCH TRUST; JOE C. YOUNG, TRUSTEE, U/A DATED DECEMBER 24, 1992 WITH WAYNE T. UPCHURCH AND ELIZABETH C. UPCHURCH, KNOWN AS THE GRAVES UPCHURCH TRUST,
    Respondents

    On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous, unpublished decision of the Court of Appeals, 178 N.C. App. 390, 631 S.E.2d 237 (2006), affirming a judgment entered on 30 March 2005 and an order entered on 26 May 2005, both by Judge Timothy L. Patti in Superior Court, Mecklenburg County. Heard in the Supreme Court 16 October 2007.
     Womble Carlyle Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr., Mark P. Henriques, and Sarah A. Motley, for petitioner-appellant.

    James, McElroy & Diehl, P.A., by Bruce M. Simpson, for respondent-appellees.

    PER CURIAM.

    
    DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

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

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