
    NEILL GRADING & CONSTRUCTION COMPANY, INC. v. David B. LINGAFELT and Newton Conover Communications, Inc.
    No. 112PA05.
    Supreme Court of North Carolina.
    June 30, 2005.
    Mark J. Prak, Raleigh, Mack Sperling, Greensboro, Charles E. Coble, Raleigh, for Lingafelt, et al.
    Stephen M. Thomas, Hickory, for Neill Grading & Construction.
    ORDER
   Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendants on the 22nd day of February 2005 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Plaintiff, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 30th day of June 2005."

Upon consideration of the alternative petition filed on the 22nd day of February 2005 by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 30th day of June 2005."

Defendants shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).  