Court of Appeals of North Carolina March 4, 2003, No. COA01-115-2 (Simpson v. McConnell)

BRYANT, Judge.

This case comes before us on remand from the North Carolina Supreme Court for reconsideration of our decision in light of the Supreme Court’s holding in Shaw v. Mintz, 356 N.C. 603, 572 S.E.2d 782 (2002) (per curiam). The factual and statutory background for purposes of this review remains the same as in Simpson v. McConnell, 150 N.C. App. 713, 564 S.E.