No. 601A87
(Filed 6 April 1988)
Appeal by defendant pursuant to N.C.G.S. ยง 7A-30(2) from the decision of a divided panel of the Court of Appeals, 87 N.C. App. 366, 360 S.E. 2d 808 (1987), which affirmed the judgment of Llewellyn, J., at the 2 September 1986 Session of Superior Court, Dare County. Heard in the Supreme Court 16 March 1988.
Aycock, Spence & Graham, by W. Mark Spence, for plaintiff appellee.
Trimpi, Thompson & Nash, by C. Everett Thompson, II and John G. Trimpi, for defendant appellant.
For reasons stated in the dissenting opinion of Becton, Judge, the decision of the Court of Appeals is reversed. The case is remanded to that court for remand to the Superior Court, Dare County, for further proceedings consistent with this opinion.
Reversed and remanded.