#### DEBRA RILEY v. LINDA DeBAER, TIM MILLER, individually; and ATLANTIC BEHAVIORAL HEALTH SYSTEMS INC., now doing business as CAROLINA REHABILITATION, and previously doing business as TOTAL REHAB

No. 407A01-2

(Filed 22 November 2002)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 149 N.C. App. 520, 562 S.E.2d 69 (2002), vacating and remanding for dismissal an order entered 9 March 2000 by Manning, J., in Superior Court, Durham County. Heard in the Supreme Court 15 October 2002.

Browne, Flebotte, Wilson & Horn, PLLC, by Martin J. Horn, for plaintiff-appellant.

Newsom, Graham, Hedrick & Kennon, P.A., by William P. Daniell, for defendant-appellees Linda DeBaer and Atlantic Behavioral Health Systems, Inc.

PER CURIAM.

AFFIRMED.