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Kennedy v. Hawley

July 09, 1998

MARTY C. KENNEDY
v.
CLARICE HAWLEY, ADMINISTRATRIX OF KEITH RAY HAWLEY, DECEASED



The opinion of the court was delivered by: Per Curiam.

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 128 N.C. App. 312, 494 S.E.2d 787 (1998), reversing an order granting summary judgment in favor of defendant entered by Sumner, J., on 19 December 1996 in Superior Court, Nash County. Heard in the Supreme Court 26 May 1998.

Pursuant to this Court's holding in Dyson v. Stonestreet, 326 N.C. 798, 392 S.E.2d 398 (1990), we reverse the decision of the Court of Appeals and remand this case to that court for further remand to the Superior Court, Nash County, for reinstatement of its summary judgment in favor of defendant.

REVERSED AND REMANDED.

19980709 ...


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