Michael G. RIPELLINO, LOUISE A. RIPELLINO, and NICOLE RIPELLINO
v.
The NORTH CAROLINA SCHOOL BOARDS ASSOCIATION, Incorporated; North Carolina School Boards Trust, a Division and/or Department of, Created and Administered by, The North Carolina School Boards Association, Incorporated; 1982 North Carolina School Boards Association Self-funded Trust Fund, a Division and/or Department of, Created And Administered by, The North Carolina School Boards Association, Incorporated; 1986 North Carolina School Boards Association Self-funded Errors and Omissions/General Liability Trust Fund, a Division and/or Department of, Created And Administered by, The North Carolina School Boards Association, Incorporated; 1997 North Carolina School Boards Association Self-funded Auto/Inland Marine Trust Fund, a Division and/or Department of, Created And Administered by, The North Carolina School Boards Association, Incorporated; and The Johnston County Board of Education.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
January 26, 2007.
January 26, 2007.
Attorney(s) appearing for the Case
Mast, Schulz, Mast, Mills, Johnson & Wells, P.A., by Bradley N. Schulz, Smithfield, for plaintiff-appellees.
Yates, McLamb & Weyher, L.L.P., by Barbara B. Weyher, Raleigh, for defendant-appellants North Carolina School Boards Association, Inc., North Carolina School Boards Trust, 1982 North Carolina School Boards Association Self-Funded Trust Fund, 1986 North Carolina School Boards Association Self-Funded Errors and Omissions/General Liability Trust Fund, and 1997 North Carolina School Boards Association Self-Funded Auto/Inland Marine Trust Fund.
Cranfill, Sumner & Hartzog, L.L.P., by Rachel B. Esposito and Meredith T. Black, Raleigh, for defendant-appellant Johnston County Board of Education.
Roberts & Stevens, P.A., by Christopher Z. Campbell and K. Dean Shatley, II, Asheville, for North Carolina Council of School Attorneys, amicus curiae.
Supreme Court of North Carolina.
PER CURIAM.
As to the appeal of right based on the dissenting opinion, the members of the Court are equally divided. Therefore, those portions of the Court of Appeals opinion are affirmed without precedential value. See, e.g., Barham v. Hawk, 360 N.C. 358, 625 S.E.2d 778 (2006). The Court, however, unanimously concludes that the Court of Appeals erred in remanding the case to the trial court for entry of summary judgment...
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