Court of Appeals of North Carolina May 21, 1985, 8410SC1045 (Pearce v. American Defender Life Insurance)

HEDRICK, Chief Judge.

We note at the outset that plaintiff relies heavily on this Court’s prior decision, in which we “vacated” the order dismissing plaintiff’s complaint for failure to state a claim, in support of her contention that the court erred in granting defendant’s motion for judgment notwithstanding the verdict.