Supreme Court of North Carolina February 6, 1998, No. 361A97 (Mellon v. Prosser)

PER CURIAM.

That part of the opinion of the majority in the Court of Appeals remanding this action to the Superior Court for joinder of the sheriff’s surety as a party is reversed for the reasons set forth in the dissenting opinion of Judge Wynn. In all other respects, the opinion of the majority in the Court of Appeals is affirmed for the reasons stated therein.