IN THE SUPREME COURT OF NORTH CAROLINA No. 349PA16 Filed 3 November 2017 KB AIRCRAFT ACQUISITION, LLC v. JACK M. BERRY, JR. and 585 GOFORTH ROAD, LLC

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, ___ N.C. App. ___, 790 S.E.2d 559 (2016), affirming an order of summary judgment entered on 6 February 2015 by Judge Richard L. Doughton in Superior Court, Watauga County. Heard in the Supreme Court on 9 October 2017.

Smith Debnam Narron Drake Saintsing & Myers, L.L.P., by Byron L.

Saintsing, for plaintiff-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Clint S. Morse and John H. Small, for defendant-appellees.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.