698 S.E.2d 555 (2010)
BLACKARD PROPERTIES II LLC
No. COA09-1529.
BLACKARD PROPERTIES II LLC
v.
GARCIA.
No. COA09-1529.
Court of Appeals of North Carolina.
Filed August 3, 2010. Certification Date August 23, 2010.Case Reported Without Published Opinion Vacated and Remanded.