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Burton v. PHOENIX FABRICATORS AND ERECTORS, INC.

Citations: 676 S.E.2d 900; 363 N.C. 257Docket: 447P07-2

Court: Supreme Court of North Carolina; April 30, 2009; North Carolina; State Supreme Court

Narrative Opinion Summary

The Supreme Court of North Carolina addressed the discretionary review petition filed by Jacinda Burton, Administratrix of Michael C. Burton's estate, and Donna Davis, Administratrix of Charles M. Davis's estate, against Phoenix Fabricators and Erectors, Inc. and Davis, Martin, Powell Associates, Inc. The petition sought review of a prior decision from the North Carolina Court of Appeals. The Court, after consideration, denied the petition for discretionary review on April 30, 2009. The decision is certified to the North Carolina Court of Appeals, referencing earlier reports, specifically 185 N.C.App. 303 and 670 S.E.2d 581. Legal representation included William B. Smith for the plaintiffs and Kevin Rust and J. Patrick Haywood for the defendants.

Legal Issues Addressed

Certification of Decision

Application: The Supreme Court's denial of the discretionary review was formally communicated to the Court of Appeals, maintaining the status of the appellate court's decision.

Reasoning: The decision is certified to the North Carolina Court of Appeals, referencing earlier reports, specifically 185 N.C.App. 303 and 670 S.E.2d 581.

Discretionary Review Denial

Application: The Supreme Court of North Carolina opted not to exercise its discretion to review a decision from the Court of Appeals, leaving the lower court's ruling in place.

Reasoning: The Court, after consideration, denied the petition for discretionary review on April 30, 2009.