NORTHWESTERN BANK v. ROSEMAN, 319 N.C. 394 (1987)

354 S.E.2d 238

NORTHWESTERN BANK v. CLARENCE EDWARD ROSEMAN AND WIFE, ANGELA B. ROSEMAN, AND DENTEX, INC.

No. 439A86Supreme Court of North Carolina
Filed 7 April 1987

APPEAL by plaintiff pursuant to N.C.G.S. 7A-30 (2) from the decision of a divided panel of the Court of Appeals, reported at 81 N.C. App. 228, 344 S.E.2d 120 (1986), which reversed and remanded a final judgment entered by Hyatt, J., on 18 February 1985 and a partial summary judgment entered by Owens, J., on 6 February 1985 (both in McDOWELL County) in favor of the plaintiff in an action against defendants Clarence Roseman and Dentex, Inc., to recover on an alleged personal guaranty of a note and on defendants’ counterclaims for fraud, unfair and deceptive trade practices, and wrongful repossession of collateral. Heard in the Supreme Court 11 March 1987.

Van Winkle, Buck, Wall, Starnes Davis, by Albert L. Sneed, Jr., and Michelle Rippon, for plaintiff-appellant.

Goldsmith Goldsmith, by C. Frank Goldsmith, Jr., for defendant-appellees.

Page 395

PER CURIAM.

Justices Martin and Webb took no part in the consideration or decision of this case. The remaining members of the Court being divided three to two as to all issues presented and thus there being no majority of the Court voting to either affirm or reverse, the decision of the Court of Appeals is left undisturbed and stands without precedential value.

Affirmed.

Justices MARTIN and WEBB did not participate in the consideration or decision of this case.