Upon reconsideration by this Court ex mero motu, the order allowing the petition for discretionary review is vacated and the petition for discretionary review is denied 6 April 1995.

This order is entered without prejudice to the defendant’s right to refile a petition for discretionary review with this Court, if plaintiff does not timely file a voluntary dismissal with prejudice in the Superior Court of Mecklenburg County within 30 days of the entry of this order.