Appeal and Error 551 (NCI4th) — evenly divided Court — decision affirmed without precedential value Where one member of the Supreme Court did not participate in the consideration or decision of a case and the remaining six justices are equally divided, the decision of the Court of Appeals is left undisturbed and stands without precedential value.
Am Jur 2d, Appeal and Error 902.
PER CURIAM.
Justice Martin recused and took no part in the consideration or decision of this case. The remaining members of the Court are equally divided, with three members voting to affirm, and three members voting to reverse the decision of the Court of Appeals. Accordingly, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See, e.g., Bruce v. Memorial Mission Hospital, 325 N.C. 541, 385 S.E.2d 144 (1989); Hochheiser v. N.C. Dept. of Transportation, 321 N.C. 117, 361 S.E.2d 562 (1987); Shields v. Bobby Murray Chevrolet, 300 N.C. 366, 266 S.E.2d 658 (1980); State v. Johnson, 286 N.C. 331, 210 S.E.2d 260 (1974).
Affirmed.