All opinions are subject to modification
and technical correction prior to official publication in the North Carolina
Reports and North Carolina Court of Appeals Reports. In the event of
discrepancies between the electronic version of an opinion and the print
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IN THE SUPREME COURT OF NORTH CAROLINA
No. 128A07
FILED: 7 DECEMBER 2007
MARY NICOLE BOONE VOGLER, Widow; MARILYN
“SUE ANN” CLYMER, Guardian ad Litem for KRISTIN DAKOTA VOGLER, Minor Child; and
MARK BOONE, Guardian ad Litem for MEGAN NICOLE BOONE, Minor Stepchild; of BILLY
CHARLES VOGLER, Deceased Employee
v.
BRANCH ERECTIONS COMPANY, INC., Employer,
RELIANCE NATIONAL INSURANCE COMPANY (now
insolvent), Carrier,
NORTH CAROLINA INSURANCE GUARANTY
ASSOCIATION,
CAMBRIDGE INTEGRATED SERVICES,
Third-Party Administrator,
STERLING ADMINISTRATIVE SERVICES and the
GOFF GROUP, Servicing
Agents
Appeal pursuant to N.C.G.S. §7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 640 S.E.2d 419 (2007), affirming an opinion and award filed on 27 July 2005 by the North Carolina Industrial Commission. On 27 June 2007, the Supreme Court allowed defendant-employer’s petition for discretionary review of additional issues. Heard in the Supreme Court 14 November 2007.
J.
Randolph Ward for defendant-appellee/appellant Branch Erections Company, Inc.
Nelson
Mullins Riley & Scarborough LLP, by Christopher J. Blake, for
defendant-appellant/appellee North Carolina Insurance Guaranty Association.
PER CURIAM.
As to all issues, the members of the Court are equally
divided. Therefore, the Court of
Appeals opinion is left undisturbed without precedential value. See, e.g., Barham v. Hawk,
360 N.C. 358, 625 S.E.2d 778 (2006).
AFFIRMED.
Justice TIMMONS-GOODSON did not participate in the
consideration or decision of this case.