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DARVELLA JONES
v. HARRELSON AND SMITH CONTRACTORS, LLC, a North
Carolina Corporation, and RODNEY S. TURNER d/b/a RODNEY S. TURNER
HOUSEMOVERS
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 180 N.C.
App. 478, 638 S.E.2d 222 (2006), dismissing plaintiff's appeal
from a judgment entered on 10 May 2005 by Judge Jerry Braswell in
Superior Court, Pamlico County. Heard in the Supreme Court 10
December 2007.
Smith Moore LLP, by J. Donald Cowan, Jr. and Elizabeth
Brooks Scherer, for plaintiff-appellant.
Hopf & Higley, P.A., by Donald S. Higley, II, for
defendant-appellee Harrelson and Smith Contractors,
LLC.
Troutman Sanders, LLP, by Hannah G. Styron and D.
Martin Warf, for North Carolina Association of Defense
Attorneys; and Elliot Pishko Morgan, P.A., by David C.
Pishko, for North Carolina Academy of Trial Lawyers,
amici curiae.
PER CURIAM.
The decision of the Court of Appeals is reversed, and
this case is remanded to that court for reconsideration in light
of Dogwood Development & Management Co. v. White Oak Transport
Co., 362 N.C. __, __ S.E.2d __ (2008) (303A07), and State v.
Hart, 361 N.C. 309, 644 S.E.2d 201 (2007).
REVERSED AND REMANDED.
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