VICK v. DAVIS

Appeal and Error 46 — evenly divided court — Court of Appeals decision affirmed — no precedent Where one member of the Supreme Court recused himself, and the remaining members of the Supreme Court were evenly divided, the decision of the Court of Appeals was affirmed but stood without precedential value.

PER CURIAM.

Justice Martin having recused, the Court is evenly divided. Under these circumstances, following the uniform practice of this Court, the decision of the Court of Appeals is affirmed, not as precedent but as the decision in this case. Lynch v. Hazelwood, 312 N.C. 619, 324 S.E.2d 224 (1985).

Affirmed.