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Tate v. Christy

Supreme Court of North Carolina
Mar 1, 1995
454 S.E.2d 242 (N.C. 1995)

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.


Summaries of

Tate v. Christy

Supreme Court of North Carolina
Mar 1, 1995
454 S.E.2d 242 (N.C. 1995)

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.)
Case details for

Tate v. Christy

Case Details

Full title:CYNTHIA RAYFIELD TATE and CAROL T. TAYLOR v. ARTHUR L. CHRISTY

Court:Supreme Court of North Carolina

Date published: Mar 1, 1995

Citations

454 S.E.2d 242 (N.C. 1995)
454 S.E.2d 242

Citing Cases

Wise v. Valley Bank

Other states have historically done the same. In Tate v.Christy, 454 S.E.2d 242 (N.C. 1995), the North…

Sandoz, Inc. v. State (In re Miss. Medicaid Pharm. Average Wholesale Price Litig.)

Other states have historically done the same. In Tate v. Christy, 339 N.C. 731, 454 S.E.2d 242 (1995), the…