#### JERRY MILLS, JR., and wife, TERRIE SUTHERLAND MILLS v. JOSEPH WAYNE THOMAS and ANDREA WEST THOMAS

No. 345PA00

(Filed 6 April 2001)

On discretionary review pursuant to N.C.G.S. § 7A-31 of an unpublished, unanimous decision of the Court of Appeals, 138 N.C. App. 553, 536 S.E.2d 366 (2000), reversing and remanding an order for summary judgment entered 16 October 1998, nunc pro tunc 16 September 1998, by Morgan (Melzer A., Jr.), in Superior Court, Randolph County, and a judgment entered 6 January 1999 by Balog, J., in Superior Court, Randolph County. Heard in the Supreme Court 13 February 2001.

Dees, Giles, Tedder, Tate & Gaylord, L.L.P., by T.M. Gaylord, Jr., and Jeffrey T. Workman, for plaintiff-appellants.

Stephen E. Lawing for defendant-appellees.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

Justice EDMUNDS did not participate in the consideration or decision of this case.