John Conner Constr., Inc. v. Grandfather Holding Co., LLC , 366 N.C. 547 ( 2013 )

IN THE SUPREME COURT OF NORTH CAROLINA
460A12
FILED 13 JUNE 2013
JOHN CONNER CONSTRUCTION, INC., R&G CONSTRUCTION COMPANY,
and EGGERS CONSTRUCTION COMPANY, INC.
v.
GRANDFATHER HOLDING COMPANY, LLC and MOUNTAIN COMMUNITY
BANK, a Branch of CARTER COUNTY BANK
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. ___, 732 S.E.2d 367 (2012), affirming an
order entered on 15 February 2011 by Judge Marvin P. Pope, Jr. in Superior Court,
Avery County. On 12 December 2012, the Supreme Court allowed a petition by
plaintiffs for discretionary review of additional issues. Heard in the Supreme Court
on 15 April 2013.
Tricia Wilson Law Firm, PLLC, by Patricia L. Wilson; and J. Thomas Dunn,
Jr., for plaintiff-appellants.
Roberson Haworth & Reese, P.L.L.C., by Alan B. Powell, Christopher C.
Finan, and Matthew A. L. Anderson, for defendant-appellee Mountain
Community Bank.
PER CURIAM.
Justice BEASLEY 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
JOHN CONNER CONSTR., INC. V. GRANDFATHER HOLDING CO.
Opinion of the Court
Appeals. Accordingly, the decision of the Court of Appeals stands without
precedential value. See, e.g., Amward Homes, Inc. v. Town of Cary, 365 N.C. 305,
716 S.E.2d 849 (2011); Goldston v. State, 364 N.C. 416, 700 S.E.2d 223 (2010). As to
the issue allowed in plaintiffs’ petition for discretionary review, we hold that
discretionary review was improvidently allowed.
AFFIRMED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
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