Opinion
No. 580PA04.
Filed December 16, 2005.
On discretionary review pursuant to N.C.G.S. § 7A-31 to review an order filed by the Court of Appeals on 1 November 2004 dismissing plaintiff's appeal from orders granting summary judgment entered on 21 May 2004 and 26 May 2004 by Judge E. Penn Dameron, Jr. in Superior Court, Buncombe County. Heard in the Supreme Court 14 December 2005.
David R. Payne, P.A., by David R. Payne and Peter U. Kanipe, for plaintiff-appellant. Northup McConnell, P.L.L.C., by Elizabeth E. McConnell and Isaac N. Northup, Jr., for defendant-appellee Nashville Truck Company, Inc. Ball, Barden Bell, P.A., by Ervin L. Ball, Jr., for defendant-appellee Sofa Connection, Inc.
Based on our decisions in Tinch v. Video Industrial Services, Inc., 347 N.C. 380, 493 S.E.2d 426 (1997) and Pelican Watch v. United States Fire Insurance Co., 323 N.C. 700, 375 S.E.2d 161 (1989), the order of dismissal entered by the Court of Appeals is vacated and this case is remanded for a decision on the merits.
VACATED AND REMANDED.