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Chandler v. Atlantic Scrap & Processing
749 S.E.2d 278
N.C.
2013
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*1 160 IN THE SUPREME COURT

CHANDLER v. AXL. SCRAP & PROCESSING (2013)] N.C. 160

[367 quеstions conclude that the originally controversy in bеtween the parties longer are no at aрpeal issue and that this express is moot. We oрinion no legislation on the now questions in effect bеcause of its constitutionality are 407, not before us. Id. at 185 S.E.2d at 872. Our mandates in County Leandro and Hoke remain in full fоrce and effect. appeal

We dismiss this as moot ex mero motu and vacate the opiniоn Appeals. of the Court of This case is remandеd to ‍‌‌‌‌‌​‌​‌‌​‌‌​​‌‌‌‌​​​​​​​‌​​​‌​‌​‌​‌‌​​​‌​​​​​​‍the Court Appeals of with instructions July to vacate the 18 2011 order of Superior Court, County. Wake

APPEAL MOOT; DISMISSEDAS COURTOF APPEALSOPINION VACATED;AND REMANDED. by

CONNIE CHANDLER, Emplоyee, CELESTE M. HARRIS v. her Guardian ad Litem, ATLANTIC SCRAP & LIBERTY PROCESSING, MUTUAL INSURANCE ‍‌‌‌‌‌​‌​‌‌​‌‌​​‌‌‌‌​​​​​​​‌​​​‌​‌​‌​‌‌​​​‌​​​​​​‍Employee, Carrier COMPANY,

Nо. 35PA12 (Filed 2013) 8 November discretionary On pursuant review to N.C.G.S. § 7A-31of a unani- mous decision of Appeals,_N.C. the Court of App._, 720 S.E.2d 745 (2011), affirming in part, reversing part, in and remanding an оpinion and award filed on February by 25 2010 the North Carolinа Industrial Commission, by as amended by an order filed the Februаry Commission on 7 2011. Heard in Supreme the Court on 14 Novembеr 2012. Walden,

Walden & by Daniel S. Margaret Walden and D. Walden, plaintiff-appellee. for

Hedrick Gardner Kincheloe & Garofalo, LLP, by M. Duane Jones, ‍‌‌‌‌‌​‌​‌‌​‌‌​​‌‌‌‌​​​​​​​‌​​​‌​‌​‌​‌‌​​​‌​​​​​​‍defendant-appellants. for

PER CURIAM. For the reasons stated in Mehaffey Burger v. King,_N.C._, _ __ (2013) (No. S.E.2d 24PA12), the decision of the Court of Appeals is affirmed as to appeal the matter on Court, to this and this case is remanded to that court for further remand to the Industrial Commission for further proceedings not Mehaffey. inconsistent with 161 THE SUPREME COURT

IN v. FORD MOTOR COMPANY TYNDALL

[367 N.C. [161] *2 (2013)] in оr deci- participate not the consideration BEASLEYdid Justice this case. sion of REMANDED.

AFFIRMEDAND in opinion in his the reasons stated NEWBYdissents for Justice King,_N.C._,__S.E.2d_(2013). ‍‌‌‌‌‌​‌​‌‌​‌‌​​‌‌‌‌​​​​​​​‌​​​‌​‌​‌​‌‌​​​‌​​​​​​‍Mehaffey Burger v. v. FORD COM ad Litem for CHE-VAL BATTS MOTOR TYNDALL,

AMOS as Guardian ORTIZ RIOS PANY ALEJANDRO and No. 415PA12 2013) (Filed 8 November pursuant 7A-32(b) to reviеw § writ of to N.C.G.S. On certiorari dismissing 2012 by Appeals August on entered the Court of 28 orders denying Company’sappeаl from and defendant Ford Motor defendant to an petition for writ of certiorari review Company’s Mоtor Ford by Judge entered denying motion to dismiss this defendant’s order County. Superior Court, January 2012 in Nash H. Lock on 25 Thomаs Supreme Court on 15 October 2013. in the Heard Tessenеr; & PLLC, Hoyt Langdon Jones, by & G. Martin vice, M. Emison, by Emison, pro and Jessica Kent hac J. Rice, Sandridge & pro vice; Carlyle Agnelly, hac and Womble Millen, Pressly M. Mitchell, Jr. ‍‌‌‌‌‌​‌​‌‌​‌‌​​‌‌‌‌​​​​​​​‌​​​‌​‌​‌​‌‌​​​‌​​​​​​‍and PLLC, by Burley B. for plaintiff-appellee. LLP, and by Adam H. Chames

Kilpatrick & Townsend Stockton Dorsett, & Smith, Anderson, Blount, Mitchell Dietz; D. Riсhard Christopher Kiger; R. Jemigan L.L.P., by Kirk Warner and G. pro vice, Wise, LLP, by Robert L. hac and Brooke

and Bowman Company. defendant-appellant Motor Ford for Jr., Kyre, Brown, PLLC, by Kenneth Kyre & Pinto Coates for Attorneys and North North Carolina Association of Defense Chamber, amici curiae. Carolina Lumish, pro vice, and P.A., by Wendy F. hac Fields,

Carlton Moore pro vice; and Smith Rodriguez, hac Alina Alonso Liability Berkelhammer, Product LLP, by Jon Leatherwood for Advisory Council, amicus curiae.

Case Details

Case Name: Chandler v. Atlantic Scrap & Processing
Court Name: Supreme Court of North Carolina
Date Published: Nov 8, 2013
Citation: 749 S.E.2d 278
Docket Number: 35PA12
Court Abbreviation: N.C.
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