Volume: 335 Advance Sheet#: 2 DISPOSITION OF PETITIONS FOR DISCRETIONARY REVIEW UNDER G.S. 7A-31 FOR CASES FILED 3 DECEMBER 1993 ANDERSON v. NORMAN No. 357P93 Case below: 111 N.C.App. 265 Petition by defendants and third-party plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. BRADLEY CO. v. TOWN OF CHAPEL HILL No. 436P93 Case below: 112 N.C.App. 135 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. BROWN v. O'TOOLE No. 378PA93 Case below: 111 N.C.App. 265 Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 2 December 1993. BUNCOMBE COUNTY EX REL. ANDRES v. NEWBURN No. 434P93 Case below: 111 N.C.App. 822 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. COBB v. ROCKY MOUNT BD. OF EDUCATION No. 379P93 Case below: 111 N.C.App. 690 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. DEPT. OF TRANSPORTATION v. OVERTON No. 426PA93 Case below: 111 N.C.App. 857 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 allowed 2 December 1993. FAIN v. FAIN No. 456P93 Case below: 112 N.C.App. 365 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. FIELDS v. FARMER BOY, AG, INC. No. 405P93 Case below: 111 N.C.App. 928 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. GRANDFATHER VILLAGE v. WORSLEY No. 413P93 Case below: 111 N.C.App. 686 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. HALES v. N.C. INSURANCE GUARANTY ASSN. No. 418PA93 Case below: 111 N.C.App. 892 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 allowed 2 December 1993. HARGETT v. HOLLAND No. 377PA93 Case below: 111 N.C.App. 200 Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 2 December 1993. KRAFT FOODSERVICE, INC. v. HARDEE No. 468P93 Case below: 111 N.C.App. 928 Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 2 December 1993 for the purpose of entering the following order: The Court of Appeals' opinion dismissing defendant's appeal and the order denying defendant's Motion to Amend the Record on Appeal are reversed; the record on appeal is deemed amended to include the Order of Summary Judgment entered 7 December 1992; and the case is remanded to the Court of Appeals for consideration of the merits of the appeal. MASHBURN v. FIRST INVESTORS CORP. No. 396P93 Case below: 111 N.C.App. 398 Petition by plaintiff for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 2 December 1993. MORGAN v. CAVALIER ACQUISITION CORP. No. 380P93 Case below: 111 N.C.App. 520 Petition by defendant (Coca-Cola Bottling Co.) for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. Petition by defendant (Cavalier) for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. NISSAN MOTOR CORP. v. FRED ANDERSON NISSAN No. 422PA93 Case below: 111 N.C.App. 748 Petition by defendant (Fred Anderson Nissan) for discretionary review pursuant to G.S. 7A-31 allowed 2 December 1993. PETERSEN v. ROGERS No. 427PA93 Case below: 111 N.C.App. 712 Motion by the plaintiffs to dismiss the appeal for lack of substantial constitutional question denied 2 December 1993. Petition by defendants for discretionary review pursuant to G.S. 7A-31 allowed 2 December 1993. ROGERS v. LUMBEE RIVER ELECTRIC MEMBERSHIP CORP. No. 440PA93 Case below: 112 N.C.App. 365 Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 2 December 1993. STATE v. BARTLETT No. 461P93 Case below: 112 N.C.App. 135 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. STATE v. BYNUM No. 430P93 Case below: 111 N.C.App. 845 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. STATE v. CHAMBERS No. 488P93 Case below: 112 N.C.App. ___ (9318SC642) Petition by Attorney General for temporary stay allowed 2 December 1993 pending determination of petition for discretionary review. STATE v. CLEMMONS No. 395P93 Case below: 111 N.C.App. 569 Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 2 December 1993. STATE v. DOUGHTY No. 467P93 Case below: 110 N.C.App. 491 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. STATE v. HARPER No. 505P93 Case below: 113 N.C.App.--- (935SC21) Petition by Attorney General for temporary stay allowed 2 December 1993 pending determination of petition for discretionary review. STATE v. HARRIS No. 381P93 Case below: 111 N.C.App. 930 Petition by Attorney General for writ of supersedeas denied and temporary stay dissolved 2 December 1993. Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. STATE v. HASTY No. 414P93 Case below: 111 N.C.App. 930 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. STATE v. HODGE No. 409P93 Case below: 112 N.C.App. 136 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. STATE v. MINTER No. 469P93 Case below: 111 N.C.App. 40 Petition by Attorney General for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 2 December 1993. STATE v. PENDLEY No. 424P93 Case below: 111 N.C.App. 931 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. STATE v. RICHARDSON No. 402PA93 Case below: 112 N.C.App. 252 Petition by Attorney General for writ of supersedeas allowed 2 December 1993. Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 allowed 2 December 1993. STATE v. STEPHENS No. 423P93 Case below: 111 N.C.App. 932 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. STATE v. USSERY No. 425P93 Case below: 111 N.C.App. 932 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. STATE v. WALLACE No. 368P93 Case below: 111 N.C.App. 581 Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. SWAIN v. LEAHY No. 429P93 Case below: 111 N.C.App. 884 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. UNCC PROPERTIES, INC. v. GREEN No. 433P93 Case below: 111 N.C.App. 391 Petition by plaintiff for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 2 December 1993. WALKER v. N.C. DEPT. OF E.H.N.R. No. 419P93 Case below: 111 N.C.App. 851 Petition by respondent intervenor for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993. WEEKS v. AUTRY No. 391P93 Case below: 111 N.C.App. 691 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 2 December 1993.