DISPOSITION OF PETITIONS FOR DISCRETIONARY REVIEW UNDER G.S. 7A-31 BEAUFORT COUNTY SCHOOLS v. ROACH No. 201P94 Case below: 114 N.C.App. 330 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. BEAVERS v. FEDERAL INS. CO. No. 108P94 Case below: 113 N.C.App. 254 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. BRADSHAW v. EASTERN AIRLINES No. 119P94 Case below: 113 N.C.App. 652 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. BUCKNER v. CITY OF ASHEVILLE No. 92P94 Case below: 113 N.C.App. 354 Petition by plaintiff (Billy Dean Buckner) for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. CHESTER v. OAKLEY No. 172P94 Case below: 113 N.C.App. 654 Petition by defendants for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 16 June 1994. CHRIS v. EPSTEIN No. 168P94 Case below: 113 N.C.App. 751 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. CLARK v. RED BIRD CAB CO. No. 247P94 Case below: 114 N.C.App. 400 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. COHN v. WILKES REGIONAL MEDICAL CENTER No. 107P94 Case below: 113 N.C.App. 275 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. COLLINS v. CSX TRANSPORTATION No. 180P94 Case below: 114 N.C.App. 14 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. DELLINGER v. CITY OF CHARLOTTE No. 187PA94 Case below: 114 N.C.App. 146 Petition by defendants for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. FOREMAN v. SHOLL No. 86A94 Case below: 113 N.C.App. 283 Petition by plaintiffs 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 16 June 1994 as to the question whether the seven-year statutory period under G.S. 1-38 had run at the time this action was instituted. GODLEWSKI v. CLEMMONS MORAVIAN PRESCHOOL No. 80P94 Case below: 113 N.C.App. 424 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. GUILFORD CO. DEPT. OF EMER. SERV. v. SEABOARD CHEMICAL CORP. No. 182P94 Case below: 114 N.C.App. 1 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. HAITHCOX v. FURNITURE INDUSTRIES No. 263P94 Case below: 114 N.C.App. 504 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. HARWARD v. SMITH No. 212P94 Case below: 114 N.C.App. 263 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. HOFFMAN v. MOORE REGIONAL HOSPITAL No. 183P94 Case below: 114 N.C.App. 248 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. HOLLOWAY v. DUKE UNIVERSITY No. 161P94 Case below: 114 N.C.App. 266 Motion by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. HUGUELET v. HUGUELET No. 105P94 Case below: 113 N.C.App. 533 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. HUSSEY v. MONTGOMERY MEMORIAL HOSP. No. 221P94 Case below: 114 N.C.App. 223 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. IN RE APPEAL OF DAVIS No. 163P94 Case below: 113 N.C.App. 743 Motion by petitioners to dismiss petition for discretionary review dismissed 16 June 1994. IN RE DENNIS v. DUKE POWER CO. No. 246P94 Case below: 114 N.C.App. 272 Motion by petitioner (M-B Industries) for temporary stay allowed 6 June 1994 pending determination of M-B Industries' petition for writ of certiorari. IN RE ESTATE OF BUCKNER No. 203P94 Case below: 114 N.C.App. 266 Petition by appellant (Dale C. Buckner) for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. IN RE ESTATE OF NEISEN No. 185P94 Case below: 114 N.C.App. 82 Petition by claimant (Linda Johnson) for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. IN RE MOSES H. CONE MEMORIAL HOSPITAL No. 148PA94 Case below: 113 N.C.App. 562 Petition by Guilford County for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. Petition by appellant Roger C. Cotten for discretionary review pursuant to G.S. 7A-31 dismissed 16 June 1994. Petition by appellant Roger C. Cotten for writ of certiorari to review the decision of the North Carolina Court of Appeals allowed 16 June 1994. LAWSON v. DIXON No. 198P94-2 Case below: Wake County Motion by plaintiffs in nature of supersedeas, stay and mandamus denied 31 May 1994. LEAK v. HOLLAR No. 214PA94 Case below: 113 N.C.App. 836 Motion by defendant to dismiss for failure to file a timely petition denied 16 June 1994. Motion by plaintiff to convert petition for discretionary review to petition for writ of certiorari allowed 16 June 1994. Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. LEDWELL v. N.C. DEPT. OF HUMAN RESOURCES No. 233PA94 Case below: 114 N.C.App. 626 Petition by defendant for writ of supersedeas and motion for temporary stay denied 16 June 1994. Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. LISTER v. HAMPTON No. 165P94 Case below: 113 N.C.App. 836 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. LOREMAN v. TOUCHAMERICA, INC. No. 167P94 Case below: 113 N.C.App. 836 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. MASON v. MASON No. 162P94 Case below: 114 N.C.App. 266 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. MATIER v. CONE MILLS CORP. No. 217P94 Case below: 114 N.C.App. 268 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. MILLER v. POOLE No. 159P94 Case below: 114 N.C.App. 266 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. NORTH CAROLINA RAILROAD COMPANY v. CITY OF CHARLOTTE No. 29P94 Case below: 112 N.C.App. 762 Motion by plaintiff to dismiss the appeal for lack of substantial constitutional question allowed 16 June 1994. Petition by defendant (Norfolk Southern Railway) for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. PEACOCK v. BURCH No. 176P94 Case below: 110 N.C.App. 316 Petition by Allstate for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 16 June 1994. PEELER v. TANNER No. 98P94 Case below: 113 N.C.App. 425 Petition by intervenor (LeAnn Tanner) for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. POTTER v. BRETAN No. 184PA94 Case below: 114 N.C.App. 266 Petition by defendants for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. RJR TECHNICAL CO. v. PRATT No. 104PA94 Case below: 113 N.C.App. 511 Motion by plaintiffs to dismiss appeal by intervenor plaintiffs for lack of substantial constitutional question denied 16 June 1994. Petition by intervenor plaintiffs for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. ROGEL v. JOHNSON No. 213P94 Case below: 114 N.C.App. 239 Petition by defendants (Duke University and Rutgers Preparatory School) for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. SAVE OUR RIVERS, INC. v. TOWN OF HIGHLANDS No. 166PA94 Case below: 113 N.C.App. 716 Petition by defendant (Town of Highlands) for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. Petition by defendant (Town of Highlands) for writ of supersedeas allowed 16 June 1994. Motion by plaintiffs to dissolve temporary stay denied 16 June 1994. STANLEY v. MOORE No. 114PA94 Case below: 113 N.C.App. 523 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. STATE FARM MUT. AUTOMOBILE INS. CO. v. BRANCH No. 219P94 Case below: 114 N.C.App. 234 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. STATE v. ADAMS No. 218P94 Case below: 114 N.C.App. 269 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. STATE v. BALLEW No. 141A94 Case below: 113 N.C.App. 674 Petition by defendant 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 denied 16 June 1994. STATE v. BASDEN No. 159A94 Case below: Duplin County Petition by defendant for writ of certiorari to review the decision of the Duplin County Superior Court denied 5 May 1994. STATE v. BAYNES No. 192A94 Case below: 114 N.C.App. 165 Petition by Attorney General for writ of supersedeas allowed 16 June 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 denied 16 June 1994. Petition by Attorney General for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 16 June 1994. Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. STATE v. CANNADA No. 227A94 Case below: 114 N.C.App. 552 Petition by plaintiff for writ of supersedeas and motion for temporary stay denied 25 May 1994. STATE v. CONYERS No. 174P94 Case below: 114 N.C.App. 267 Notice of appeal by defendant dismissed 16 June 1994. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. Petition by defendant for writ of certiorari to review the denial of motion for appropriate relief denied 16 June 1994. STATE v. HOOVER No. 170P94 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 16 June 1994. STATE v. JONES No. 188P94 Case below: 110 N.C.App. 169 Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 16 June 1994. STATE v. LAWSON No. 142A81-3 Case below: Cabarrus County Petition by defendant for writ of habeas corpus denied 25 May 1994. Petition by defendant for writ of certiorari to review the decision of the Cabarrus County Superior Court denied 16 June 1994. STATE v. MARR No. 164PA94 Case below: 113 N.C.App. 774 Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 16 June 1994. Petition by defendant for writ of certiorari to review the order of the Polk County Superior Court allowed 16 June 1994. STATE v. McCALL No. 61P94 Case below: 113 N.C.App. 203 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. STATE v. MELVIN No. 149P94 Case below: 113 N.C.App. 656 Motion by the Attorney General to dismiss the appeal for lack of substantial constitutional question allowed 16 June 1994. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. STATE v. MUSTAFA No. 75P94 Case below: 113 N.C.App. 240 Petition by defendant for writ of certiorari to review the decision of the North Carolina Court of Appeals denied 16 June 1994. STATE v. NORRIS No. 191P94 Case below: 114 N.C.App. 270 Petition by defendant for writ of supersedeas denied and temporary stay dissolved 16 June 1994. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. STATE v. PALMER No. 147P94 Case below: 113 N.C.App. 656 Petition by Attorney General to dismiss the appeal for lack of substantial constitutional question allowed 16 June 1994. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. STATE v. PATTON No. 202P94 Case below: 114 N.C.App. 270 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. STATE v. RICK No. 226P94 Case below: 114 N.C.App. ___ (9327SC632) Motion by Attorney General for temporary stay allowed 23 May 1994 pending timely filing and determination of the State's petition for discretionary review. STATE v. STAFFORD No. 177P94 Case below: 114 N.C.App. 101 Petition by Attorney General to dismiss the appeal for lack of substantial constitutional question allowed 16 June 1994. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. STATE v. UPTON No. 160P94 Case below: 113 N.C.App. 838 Petition by Attorney General to dismiss the appeal for lack of substantial constitutional question allowed 16 June 1994. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. STATE v. WILLIAMS No. 245PA93 Case below: 335 N.C.180 110 N.C.App. 306 The order heretofore entered on 4 November 1993 denying the Attorney General's petition for discretionary review is vacated; and pursuant to Rule 2 of the North Carolina Rules of Appellate Procedure, the Court suspends its rules and allows the Attorney General's motion for reconsideration of the Attorney General's petition for discretionary review. By order of the Court in Conference, this 16th day of June, 1994. STEWARD v. HENRY No. 59PA94 Case below: 336 N.C. 76 113 N.C.App. 204 The order heretofore entered 7 April 1994 allowing defendant's petition for discretionary review is vacated and the parties' joint motion to withdraw petition for discretionary review is allowed 16 May 1994. UNIVERSAL LEAF TOBACCO CO. v. OLDHAM No. 121P94 Case below: 113 N.C.App. 490 Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. UNIVERSITY OF NORTH CAROLINA v. SHOEMATE No. 71P94 Case below: 113 N.C.App. 205 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. VAUGHAN v. J. P. TAYLOR CO. No. 234P94 Case below: 114 N.C.App. 651 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. VILEISIS v. JAEGER No. 204P94 Case below: 114 N.C.App. 271 Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. WAGONER v. ELKIN CITY SCHOOLS' BD. OF EDUCATION No. 151P94 Case below: 113 N.C.App. 579 Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. WHISNANT v. WHISNANT No. 173P94 Case below: 114 N.C.App. 267 Petition by defendants for discretionary review pursuant to G.S. 7A-31 denied 16 June 1994. PETITIONS TO REHEAR IN RE DISMISSAL OF HUANG No. 326A93 Case below: 336 N.C. 67 Petition by petitioner (Dr. Barney K. Huang) to rehear pursuant to Rule 31 denied 16 June 1994.