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JONES v. DAVIS

No. 232A04.

608 S.E.2d 754 (2005)

359 N.C. 314

Howard C. JONES, II; Frankie Hayes Southard; Jimmy Roy Rogers and wife, Madilyn Kay Rogers; Gregory E. Bowers and wife, Natalie W. Bowers; and Daniel Ray Sammons and wife, Sharon P. Sammons v. Robert Wayne DAVIS and wife, Glenda K. Davis; Jerry Allan Allred and wife, Yvonne Davis Allred, and Surry County.

Supreme Court of North Carolina.

March 4, 2005.

Attorney(s) appearing for the Case

Horton and Gsteiger, P.L.L.C., by Elizabeth Horton and Urs R. Gsteiger, and Howard C. Jones, II, Winston-Salem, for plaintiff-appellants/appellees.

Folger and Folger, by Fred Folger, Jr., Mount Airy, for defendant-appellee/appellant Surry County.

Finger, Parker, Avram & Roemer, L.L.P., by Raymond A. Parker, Mount Airy, for defendant-appellees Robert Wayne Davis and wife, Glenda K. Davis, and Jerry Allan Allred and wife, Yvonne Davis Allred.

PER CURIAM.

As to the appeal of right based on the dissenting opinion, we affirm the majority decision of the Court of Appeals. We conclude that the petition for writ of certiorari was improvidently allowed.

AFFIRMED; CERTIORARI IMPROVIDENTLY...

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