625 S.E.2d 783 (2005)
CATER, et al.
No. 546A05.
CATER, et al.
v.
BARKER.
No. 546A05.
Supreme Court of North Carolina.
December 1, 2005.Ronald Stephen Patterson, Hayesville, for Cater and O'Connor.
The following order has been entered on the motion filed on the 22nd day of November 2005 by Defendant to Deem Brief Timely Filed:
"Motion Allowed by order of the Court in conference this the 1st day of December 2005."