Volume: 336 Advance Sheet#: 4 D. GRADY MORETZ, JR., ) Successor Trustee for the ) COURTNEY ANN MORETZ and ) WHITNEY RHYNE MORETZ TRUST ) ) v. ) ORDER ) PAUL E. MILLER, JR., Trustee, ) and SOUTHERN NATIONAL BANK ) of NORTH CAROLINA ) No. 253P94 (Filed 28 July 1994) Plaintiff's petition for discretionary review pursuant to N.C.G.S. 7A-31 is allowed for the purpose of entering the following order: The Court of Appeals' decision, filed 19 April 1994, dismissing plaintiff's appeal is reversed, and the case is remanded to the Court of Appeals for consideration of the merits of plaintiff's appeal. By order of the Court in Conference, this 28 day of July, 1994. s/PARKER, J. For the Court STATE OF NORTH CAROLINA ) ) v. ) ORDER ) TERRY ANTHONY BURNS ) No. 568P93 (Filed 29 July 1994) The State's petition for discretionary review pursuant to N.C.G.S. 7A-31 is allowed for the purpose of entering the following order: The Court of Appeals' opinion, filed 12 December 1993, is vacated, and the case is remanded to the Court of Appeals for reconsideration in light of this Court's decision in State v. Bryant, ___ N.C. ___, ___ S.E. 2d ___, slip op. (No. 166A91, filed 29 July 1994). The temporary stay heretofore entered 14 May 1994 is dissolved. By order of the Court in Conference, this 29 day of July, 1994. s./PARKER J. For the Court STATE OF NORTH CAROLINA ) ) v. ) ORDER ) DAVID STEVEN HARPER ) No. 505P93 (Filed 29 July 1994) The State's petition for discretionary review pursuant to N.C.G.S. 7A-31 is allowed for the purpose of entering the following order: The Court of Appeals' opinion, filed 16 November 1993, is vacated, and the case is remanded to the Court of Appeals for reconsideration in light of this Court's decision in State v. Bryant, ___ N.C. ___, ___ S.E. 2d ___, slip op. (No. 166 A91, filed 29 July 1994). The temporary stay heretofore entered 14 May 1994 is dissolved. By order of the Court in Conference, this 29 day of July, 1994. s./PARKER J. For the Court STATE OF NORTH CAROLINA ) ) v. ) ORDER ) ROY STEVEN WILLIAMS ) No. 505P93 (Filed 29 July 1994) Upon reconsideration of the State's petition for discretionary review pursuant to N.C.G.S. 7A-31, filed 11 October 1993, the petition is allowed for the purpose of entering the following order: The Court of Appeals' opinion, filed 7 September 1993, is vacated, and the case is remanded to the Court of Appeals for reconsideration in light of this Court's decision in State v. Bryant, ___ N.C. ___, ___ S.E. 2d ___, slip op. (No. 166A91, filed 29 July 1994). The temporary stay heretofore entered 14 May 1994 is dissolved. By order of the Court in Conference, this 29 day of July, 1994. s./PARKER J. For the Court DISPOSITION OF PETITIONS FOR DISCRETIONARY REVIEW UNDER G.S. 7A-31 ALLSBROOK v. ALLSBROOK No. 262P94 Case below: 114 N.C.App. 267 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. ANDREW v. HANGING ROCK GOLF & COUNTRY CLUB No. 284P94 Case below: 114 N.C.App. 665 Defendant's motion for voluntary dismissal of petition for discretionary review allowed 27 July 1994. BURGE v. FIRST SOUTHERN SAVINGS BANK No. 245P94 Case below: 114 N.C.App. 648 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. CALVIN HEIGHTS BAPTIST CHURCH v. LOWERRE No. 251P94 Case below: 114 N.C.App. 504 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. COLE v. HUGHES No. 252P94 Case below: 114 N.C.App. 424 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. DEAL v. N.C. STATE UNIVERSITY No. 244P94 Case below: 114 N.C.App. 643 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. FLORADAY v. DON GALLOWAY HOMES No. 232PA94 Case below: 114 N.C.App. 214 Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 28 July 1994. FRENCH v. BROWN No. 259PA94 Case below: 114 N.C.App. 504 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. GODLEY v. GODLEY No. 231P94 Case below: 114 N.C.App. 268 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 28 July 1994. GREEN v. CALLICUTT No. 140P94 Case below: 113 N.C.App. 655 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. HARTMAN v. WALKERTOWN SHOPPING CENTER No. 152P94 Case below: 113 N.C.App. 632 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. HILTON v. HILTON No. 291P94 Case below: 114 N.C.App. 665 Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 28 July 1994. IN RE DENNIS v. DUKE POWER CO. No. 246PA94 Case below: 114 N.C.App. 272 Petition by petitioner (M-B Industries) for writ of supersedeas allowed 28 July 1994. Petition by petitioner (M-B Industries) for writ of certiorari to review the decision of the North Carolina Court of Appeals allowed 28 July 1994. JACK ECKERD CORP. v. BRENCO, A/P No. 235P94 Case below: 114 N.C.App. 504 Petition by defendant (Brenco) for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. Petition by defendant (Brenco) for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 28 July 1994. Petition by defendant (Wal-Mart) for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. Petition by defendant (Wal-Mart) for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 28 July 1994. JOHNSON v. WALLENSLAGER No. 269P94 Case below: 114 N.C.App. 665 Petition by defendant (Liberty Mutual Insurance Co.) for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. JUDKINS v. JUDKINS No. 256P94 Case below: 113 N.C.App. 734 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. LEETE v. COUNTY OF WARREN No. 308A94 Case below: 114 N.C.App. 755 Notice of Appeal by plaintiffs from the North Carolina Court of Appeals pursuant to G.S. 7A-30 is retained 28 July 1994. MEHOVIC v. KEN WILSON FORD No. 112P94 Case below: 113 N.C.App. 559 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. MYRICK v. PEEDEN No. 150P94 Case below: 113 N.C.App. 638 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. NATIONWIDE MUTUAL FIRE INS. CO. v. NUNN No. 286P94 Case below: 114 N.C.App. 604 Petition by defendants (Irvin L. Nunn, et al) for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. NEW SOUTH INSURANCE CO. v. KIDD No. 297P94 Case below: 114 N.C.App. 749 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. SMITH v. N.C. FARM BUREAU MUT. INS. CO. No. 241P94 Case below: 114 N.C.App. 665 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. SMITH v. WEST HILL LIMITED PARTNERSHIP No. 229P94 Case below: 114 N.C.App. 269 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. SOUTHERN RAILWAY CO. v. BISCOE SUPPLY CO. No. 254P94 Case below: 114 N.C.App. 474 Petition by defendant (Biscoe) for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. STATE v. FARRAR No. 248P94 Case below: 114 N.C.App. 666 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. STATE v. FLOYD No. 270P94 Case below: 114 N.C.App. 666 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. STATE v. HANDY No. 220P94 Case below: 114 N.C.App. 270 Petition by defendant (Jessie Ernest Handy, Sr.) for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. Petition by defendant (Rodney Dale King) for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. STATE v. HINTON No. 271P94 Case below: 113 N.C.App. 837 Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 28 July 1994. Petition by defendant for writ of mandamus denied 28 July 1994. STATE v. HUNT No. 5A86-5 Case below: Superior Court Petition by defendant for writ of certiorari to review the decision of the Robeson County Superior Court denied 10 August 1994. STATE v. JENKINS No. 365P94 Case below: 115 N.C.App. ___ (9314SC68) Petition by Attorney General for temporary stay allowed 9 August 1994 pending determination of the Attorney General's petition for discretionary review. STATE v. MCLEAN No. 276P94 Case below: 114 N.C.App. 270 Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 28 July 1994. STATE v. NELSON No. 199A94 Case below: 114 N.C.App. 341 Petition by Attorney General for writ of supersedeas allowed 28 July 1994. Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 and Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals allowed 28 July 1994. STATE v. RICK No. 226PA94 Case below: 114 N.C.App. 820 Petition by Attorney General for writ of supersedeas allowed 28 July 1994. Petition by Attorney General for discretionary review pursuant to G.S. 7A-31 allowed 28 July 1994. STATE v. ROGERS No. 165A84-2 Case below: 316 N.C. 203 Motion by defendant (Charles Gene Rogers) for reconsideration of the petition for review of the order of the Wayne County Superior Court denied 28 July 1994. STATE v. SWINSON No. 281P94 Case below: 114 N.C.App. 666 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. TABRON v. WILSON No. 304P94 Case below: 115 N.C.App. 174 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. WALTERS v. DIXIE YARNS, INC. No. 242P94 Case below: 114 N.C.App. 667 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. WESTON v. DANIELS No. 209P94 Case below: 114 N.C.App. 418 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 28 July 1994. PETITIONS TO REHEAR IN RE DELK No. 249PA93 Case below: 336 N.C. 543 Petition by Mark T. Delk to rehear pursuant to Rule 31 denied 28 July 1994. KAPP v. KAPP No. 273PA93 Case below: 336 N.C. 295 Petition by plaintiffs to rehear pursuant to Rule 31 denied 28 July 1994. SMITH v. UNDERWOOD No. 4A94 Case below: 336 N.C. 306 Petition by plaintiffs to rehear pursuant to Rule 31 denied 12 July 1994.