Based on our decisions in Tinch v. Video Industrial Services, Inc., 347 N.C. 380, 493 S.E.2d 426 (1997) and Pelican Watch v. United States Fire Insurance Co., 323 N.C. 700, 375 S.E.2d 161 (1989), the order of dismissal entered by the Court of Appeals is vacated and this case is remanded for a decision on the merits.
VACATED AND REMANDED.