Return to nccourts.org
Return to the Opinions Page

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. 47A08

FILED: 12 DECEMBER 2008


C. WAYNE CRAWFORD and LYNN P. CRAWFORD

    v.

COLON S. MINTZ, JR., WILLIAM R. OWENS, and BFD PROPERTIES, INC. d/b/a RE/MAX PROPERTY ASSOCIATES

    Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 653 S.E.2d 222 (2007), reversing an order and judgment entered on 11 May 2006 by Judge James R. Fullwood in District Court, Wake County. On 11 June 2008, the Supreme Court allowed plaintiffs' petition for discretionary review of additional issues. Heard in the Supreme Court 19 November 2008.
    Everett, Gaskins, Hancock & Stevens, LLP, by E.D. Gaskins, Jr. and Michael J. Tadych, for plaintiff- appellants.

    McDaniel & Anderson, L.L.P., by John M. Kirby, for defendant-appellees.

    PER CURIAM.

    
    For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. This case is remanded to the Court of Appeals for consideration of the remaining assignments of error. Plaintiffs' petition for discretionary review as to additional issues was improvidently allowed.
    REVERSED AND REMANDED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

*** Converted from WordPerfect ***