542 S.E.2d 211 (2000)
351 N.C. 356
HUTELMYER
No. 319A99.
HUTELMYER
v.
COX.
No. 319A99.
Supreme Court of North Carolina.
February 3, 2000.James F. Walker, Gibsonville, for Hutelmyer.
Prior report: 133 N.C.App. 364, 514 S.E.2d 554.
Motion by Defendant to Dismiss Appeal has been filed and the following order entered:
"Motion Allowed by order of the Court in conference this the 3rd day of February 2000."