
    LEVEL 3 COMMUNICATIONS, LLC, Petitioner v. Charles G. COUCH, Jr.; Joe C. Young, Trustee, U/A Dated December 24, 1992 With Wayne T. Upchurch and Elizabeth C. Upchurch, Known as the Barry Upchurch Trust; Joe C. Young, Trustee, U/A Dated December 24, 1992 With Wayne T. Upchurch and Elizabeth C. Upchurch, Known as the Graves Upchurch Trust, Respondents.
    No. 412PA06.
    Supreme Court of North Carolina.
    November 9, 2007.
    Womble Carlyle Sandridge & Rice, PLLC, by Burley B. Mitchell, Jr., Raleigh, Mark P. Henriques, Charlotte and Sarah A. Motley, Raleigh, for petitioner-appellant.
    James, McElroy & Diehl, P.A., by Bruce M. Simpson, Charlotte, for respondent-appellees.
   PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

Justice HUDSON did not participate in the consideration or decision of this case.  