702 S.E.2d 553 (2010)
CAROLINA ORTHOPAEDIC SPECIALISTS, P.A.
No. COA10-657.
CAROLINA ORTHOPAEDIC SPECIALISTS, P.A.
v.
SMITH.
No. COA10-657.
Court of Appeals of North Carolina.
Filed December 7, 2010. Certification Date December 27, 2010.Case Reported Without Published Opinion Reversed and Remanded.