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STATE v. CORTEZ

Nos. COA12-1399, COA12-1427.

747 S.E.2d 346 (2013)

STATE of North Carolina v. Elder G. CORTEZ, Defendant, and International Fidelity Insurance Company, Surety, and Richard L. Lowry, Surety, and Larry D. Atkinson, Surety, and Tony L. Barnes, Surety. International Fidelity Insurance Company, Plaintiff, v. Elder Giovani Cortez; Johnston County Board of Education; State of North Carolina; and Will R. Crocker in his Official Capacity as the Clerk of Superior Court for Johnston County, Defendants. Tony L. Barnes; Larry D. Atkinson; Richard L. Lowry; and L R & M, L R & M Bailbonds, Inc., Plaintiffs, v. Elder Giovani Cortez; State of North Carolina; Johnston County Board of Education; Will R. Crocker in his Official Capacity as the Clerk of Superior Court for Johnston County; and Steve Bizzell in his Official Capacity as Sheriff of Johnston County, Defendants.

Court of Appeals of North Carolina.

August 20, 2013.

Attorney(s) appearing for the Case

Narron, O'Hale and Whittington, P.A., Benson, by John P. O'Hale , for plaintiffs-appellants Richard L. Lowry and L R & M Bailbonds, Inc.

Ragsdale Liggett PLLC, Raleigh, by Mary Hulett , Amie C. Sivon , and John B. Walker , for appellant International Fidelity Insurance Company.

Roy Cooper , Attorney General, by Grady L. Balentine, Jr. , Special Deputy Attorney General, for defendants — appellees the State of North Carolina and Will R. Crocker in his Official Capacity as the Clerk of Superior Court for Johnston County.

Tharrington Smith, L.L.P., Raleigh, by Rod Malone , and Daughtry, Woodard, Lawrence, & Starling, by James R. Lawrence, Jr. , for defendant — appellee Johnston County Board of Education.

MARTIN, Chief Judge.

Because these cases involve common issues, they have been joined for the purposes of appeal pursuant to our authority under Rule 40 of the North Carolina Rules of Appellate Procedure. See N.C.R.App. P. 40 ("Two or more actions that involve common issues of law may be consolidated for hearing upon motion of a party to any of the actions made to the appellate court wherein all are docketed, or upon the initiative of that court.").

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