435P13

#### State v. Elder G. Cortez and International Fidelity Insurance Company, Surety and Richard L. Lowery, Surety and Larry D. Atkinson, Surety and Tony L. Barnes Surety International Fidelity Insurance Company v. Elder Giovani Cortez, Johnston County Board of Education; State of N.C.; and Will R. Crocker, in his Official Capacity as Clerk of Superior Court of Johnston County

1. Pit’s (International Fidelity Insurance Company) NOA Based Upon a Constitutional Question (COA12-1399)

2. Pit’s (International Fidelity Insurance Company) PDR Under N.C.G.S. § 7A-31

3. Def’s (Johnston County Board of Education) Motion to Dismiss Appeal

4. Def’s (State of N.C. and Will R. Crocker) Motion to Dismiss Appeal

5. Joint Motion to Withdraw NOA and Petition for PDR

1. -

2.-

3. -

4.-

5. Allowed

Beasley, J., recused