Caudill v. Dellinger

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IN THE SUPREME COURT OF NORTH CAROLINA No. 270A98 FILED: 4 MARCH 1999 SHANNON CAUDILL v. JAMES L. DELLINGER, C. RICKY BOWMAN, in his official capacity as District Attorney of Judicial District 17-B, and THE ADMINISTRATIVE OFFICE OF THE COURTS Appeal by defendant James L. Dellinger pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 129 N.C. App. 649, 501 S.E.2d 99 (1998), reversing and remanding a judgment entered by Cornelius, J., on 3 June 1997 in Superior Court, Surry County. On 5 November 1998 this Court allowed defendant Dellinger s petition for discretionary review as to additional issues. Heard in the Supreme Court 12 February 1999. Elliot, Pishko, Gelbin & Morgan, P.A., by David C. Pishko, for plaintiff-appellee. White & Crumpler, by H.W. Zimmerman, Jr., and Dudley A. Witt, for defendant-appellant Dellinger. PER CURIAM. On defendant Dellinger s appeal, the decision of the Court of Appeals is affirmed for the reasons stated in the majority opinion by Judge Horton. Defendant s petition for discretionary review as to additional issues was improvidently allowed. AFFIRMED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.

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