Appeal and Error 64 (NCI3d) — 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 took no part in the consideration or decision of this case. The remaining members of this Court were equally divided with three members voting to affirm the decision of the Court of Appeals and three members voting to reverse. Therefore, the decision of the Court of Appeals is left undisturbed and stands without precedential value. See Hochheiser v. N.C. Dept. of Transportation, 321 N.C. 117, 361 S.E.2d 562 (1987).
Affirmed.