#### DON SETLIFF & ASSOCIATES, INC. v. SUBWAY REAL ESTATE CORP.

No. 413PA06

(Filed 12 October 2007)

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 178 N.C. App. 385, 631 S.E.2d 526 (2006), affirming a judgment entered on 15 July 2005 by Judge Thomas G. Foster, Jr. in District Court, Guilford County. Heard in the Supreme Court 10 September 2007.

Wyatt Early Harris Wheeler, LLP, by Stanley F. Hammer, for plaintiff-appellant.

Norman L. Sloan for defendant-appellee.

PER CURIAM.

AFFIRMED.