TITLE INS. CO. v. SMITH, DEBNAM, HIBBERT AND PAHL

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Docket Number

No. 366A95 — Mecklenburg

Advocates

Perry, Patrick, Farmer Michaux, P.A., by Roy H. Michaux, Jr., and John H. Carmichael, for plaintiff-appellee and -appellant. Crews Klein, P.C., by Paul I. Klein, James P. Crews, and James N. Freeman, Jr., for defendant-appellees and -appellants.

Judges

PER CURIAM.

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TITLE INSURANCE COMPANY OF MINNESOTA v. SMITH, DEBNAM, HIBBERT AND PAHL, a North Carolina General Partnership, and W. THURSTON DEBNAM, JR., FRED J. SMITH, JR., CARL W. HIBBERT, JR., J. LARKIN PAHL, JOHN.W. NARRON and BETTIE KELLEY SOUSA, General Partners

PER CURIAM.

As to the sole issue brought forward on appeal by the dissent in the Court of Appeals, the decision of the court by Judge Lewis is affirmed except that the following sentence in the opinion is disavowed and stricken: "We agree that plaintiff suffered no actual damages until it cancelled the deed of trust, which it did while the jury deliberated." Title Ins. Co. of Minn. v. Smith, Debnam, Hibbert and Pahl, 119 N.C. App. 608, 611, 459 S.E.2d 801, 804 (1995). As to the additional issues raised in the petitions for discretionary review, discretionary review was improvidently allowed.

AFFIRMED IN PART AND DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.

TITLE INSURANCE COMPANY OF MINNESOTA v. SMITH, DEBNAM, HIBBERT AND PAHL, a North Carolina General Partnership, and W. THURSTON DEBNAM, JR., FRED J. SMITH, JR., CARL W. HIBBERT, JR., J. LARKIN PAHL, JOHN.W. NARRON and BETTIE KELLEY SOUSA, General Partners

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