Summary
In Tate v. Christy, 339 N.C. 731, 454 S.E.2d 242 (1995), the North Carolina Supreme Court held that the decision of the Court of Appeals would be left undisturbed where the participating members of the Supreme Court were evenly divided as to affirmance or reversal.
Summary of this case from Sandoz, Inc. v. State (In re Miss. Medicaid Pharm. Average Wholesale Price Litig.)Opinion
No. 171A94 — Gaston
Filed 3 March 1995
Appeal by plaintiffs pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 114 N.C. App. 45, 440 S.E.2d 858 (1994), finding no error in the judgment of Guice, J., at the 19 October 1992 session of Superior Court, Gaston County and affirming the order of Guice, J., at the 14 December 1992 session of Superior Court, Gaston County. Heard in the Supreme Court 15 February 1995.
James, McElroy Diehl, P.A., by Richard B. Fennell, for plaintiff-appellant Tate; and Tim L. Harris Associates, by Jerry N. Ragan, for plaintiff-appellant Taylor.
Stott, Hollowell, Palmer Windham, by Martha Raymond Thompson, for defendant-appellee.
Justice Orr recused and took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See Nesbit v. Howard, 333 N.C. 782, 429 S.E.2d 730 (1993).
AFFIRMED.