686 S.E.2d 511 (2009)
BAXTER
No. 351PA08.
BAXTER
v.
NICHOLSON, et al.
No. 351PA08.
Supreme Court of North Carolina.
November 5, 2009.William D. Acton, Jr., for Baxter.
Shelley W. Coleman, Charlotte, for Nicholson, et al.
The following order has been entered on the motion filed on the 29th of October 2009 by State of NC as Amicus Curiae to Participate in Oral Argument:
"Motion Denied by order of the Court in conference this the 5th of November 2009."