COSTNER v. A. A. RAMSEY SONS

Appeal and Error 64 absence of majority vote — Court of Appeals decision undisturbed Where two members of the Supreme Court did not participate in the consideration or decision of a case, the remaining members of the Court are divided three to two, and there is thus 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. Justices WEBB and WHICHARD did not participate in the consideration or decision of this case.

PER CURIAM.

Justices Webb and Whichard took no part in the consideration or determination of this case. The remaining members of this Court being divided three to two as to the result 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 WEBB and WHICHARD did not participate in the consideration or decision of this case.