Opinion
No. 423P16
08-17-2017
Cecelia W. PEOPLES and Ernest A. Robinson, Jr. v. Thomas H. TUCK
Donald J. Dunn, Attorney at Law, Goldsboro, Molly M. Schertzinger, Attorney at Law, Jacksonville, Jonathan M. Smith, Attorney at Law, Goldsboro, for Peoples, Cecelia W., et al. David O. Lewis, Attorney at Law, Durham, for Tuck, Thomas H.
Donald J. Dunn, Attorney at Law, Goldsboro, Molly M. Schertzinger, Attorney at Law, Jacksonville, Jonathan M. Smith, Attorney at Law, Goldsboro, for Peoples, Cecelia W., et al.
David O. Lewis, Attorney at Law, Durham, for Tuck, Thomas H.
ORDER
Defendant's petition for discretionary review is allowed for the limited purpose of remanding to the Court of Appeals to reconsider its holding in light of United Community Bank (G.A.) v. Wolfe , ––– N.C. ––––, 799 S.E.2d 269 (2017). See United Cmty. Bank , ––– N.C. at ––––, 799 S.E.2d at 272 (recognizing that, under N.C.G.S. 1A-1, Rule 56(e), a party may not rest upon an affidavit containing merely "conclusory statement[s] without any supporting facts" to create a genuine issue of material fact).:
"Spec Order by order of the Court in conference, this the 17th of August 2017."