From Casetext: Smarter Legal Research

Mishoe v. Sikes

Supreme Court of North Carolina
May 1, 1995
456 S.E.2d 308 (N.C. 1995)

Opinion

No. 422A94

Filed 5 May 1995

Appeal by defendant pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 115 N.C. App. 697, 446 S.E.2d 114 (1994), reversing the order of the trial court entered by Albright, J., on 9 June 1993 in Superior Court, Guilford County (High Point Division), and remanding this case for the trial court to determine the amount of attorney's fees to which defendant is entitled, representing the cost for prosecuting defendant's counterclaim. Heard in the Supreme Court 11 April 1995.

Wyatt Early Harris Wheeler Hauser, by Kim R. Bauman, for plaintiff-appellees.

Frazier, Frazier Mahler, L.L.P., by Torin L. Fury, for defendant-appellant.


Justice ORR recused and took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See Nesbit v. Howard, 333 N.C. 782, 429 S.E.2d 730 (1993).

AFFIRMED.


Summaries of

Mishoe v. Sikes

Supreme Court of North Carolina
May 1, 1995
456 S.E.2d 308 (N.C. 1995)
Case details for

Mishoe v. Sikes

Case Details

Full title:PATSY M. MISHOE and LAWRENCE W. MISHOE v. MICKEY FRANKLIN SIKES

Court:Supreme Court of North Carolina

Date published: May 1, 1995

Citations

456 S.E.2d 308 (N.C. 1995)
456 S.E.2d 308