#### SAMUEL COLON and RUSSELL L. SCHELB, JR., Plaintiffs v. F. D. BAILEY and wife, SUE BAILEY, and ROBERT C. PRESSLEY, Defendants, GREAT AMERICAN INSURANCE COMPANY, Proposed Intervenor

No. 590A85

(Filed 5 March 1986)

PLAINTIFFS and proposed intervenor appeal as a matter of right, pursuant to N.C.G.S. § 7A-30(2), from a decision of a divided panel of the Court of Appeals, 76 N.C. App. 491, 333 S.E. 2d 505 (1985), affirming judgment entered by Lewis, J., on 13 September 1984 in Superior Court, BUNCOMBE County, granting summary judgment for defendants and denying the proposed intervenor’s motion to intervene. Heard in the Supreme Court 11 February 1986.

Morris, Golding, Phillips & Cloninger, by Thomas R. Bell, Jr., for plaintiff-appellants.

Michael T. Moore & Ronald C. True, for defendant-appellees.

PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.

Reversed.