#### PATRICIA McLEAN DRUMMOND v. EARL CORDELL, d/b/a CORDELL’S BODY SHOP, and MELODY M. CORDELL

No. 196A85

(Filed 7 January 1986)

Appeal of right by plaintiff and defendant Earl Cordell pursuant to N.C.G.S. 7A-30(2) from the decision of a divided panel of the Court of Appeals, reported in 73 N.C. App. 438, 326 S.E. 2d 292 (1985), which vacated the judgment entered by Downs, J., on 13 January 1984 in Superior Court, HAYWOOD County, and remanded the cause to that court for a new trial. Heard in the Supreme Court 17 December 1985.

McLean & Dickson, P.A., by Russell L. McLean III, for plaintiff.

Roberts, Cogburn, McClure & Williams, by Max 0. Cogburn and Allan P. Root, for defendant Earl Cordell.

PER CURIAM.

Affirmed.