Cornerstone Condominum Assn. v. O'Brien No. 512A93 (Filed 6 May 1994)


	  No Headnotes.




	  IN THE SUPREME COURT OF NORTH CAROLINA
	  FILED: 6 MAY 1994


	  CORNERSTONE CONDOMINIUM 
	  ASSOCIATION, INC.

	  	v.

	  PATRICK O'BRIEN AND WIFE, 
	  PATRICIA O'BRIEN
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					     No. 512A93 - Cabarrus



	  	Appeal by plaintiff pursuant to N.C.G.S.  7A-30(2) 
	  from the decision of a divided panel of the Court of Appeals, 112 
	  N.C. App. 527, 435 S.E.2d 818 (1993), reversing the trial court's 
	  judgment for plaintiff entered by Horton, J., at the 8 July 1992 
	  Civil Session of District Court, Cabarrus County, and remanding 
	  for entry of judgment in favor of defendants.  Heard in the 
	  Supreme Court 13 April 1994.
		    ZZFerguson and Scarbrough, P.A., by James E. 
		    Scarbrough, for plaintiff-appellant.

		    ZZJohnson, Roberts & Hastings, by James C. Johnson, 
		    Jr., for defendant-appellees.


		    PER CURIAM.

	  	For the reasons stated in the dissent below, the 
	  decision of the Court of Appeals is reversed.  The case is 
	  remanded to the Court of Appeals for further remand to the 
	  District Court, Cabarrus County, for reinstatement of the trial 
	  court's order allowing judgment for plaintiff.
	  	REVERSED AND REMANDED.