North Carolina Department of Health and Human Services, Division of Medical Assistance, Intervenor v. GRACE HOSPITAL INC (2006)

Supreme Court of North Carolina.

Pammy Austin EZELL as Guardian ad Litem of Michelle Lynn Morland, North Carolina Department of Health and Human Services, Division of Medical Assistance, Intervenor v. GRACE HOSPITAL, INC., John F. Whalley, M.D., and Mountain View Pediatrics, P.A.

No. 44A06.

Decided: June 30, 2006

Elam & Rousseaux, P.A., by Michael J. Rousseaux and William H. Elam, Charlotte, for plaintiff-appellee. Roy Cooper, Attorney General, by Belinda A. Smith, Assistant Attorney General, and Gayl M. Manthei, Special Deputy Attorney General, for plaintiff-intervenor-appellant North Carolina Department of Health and Human Services, Division of Medical Assistance. Christopher R. Nichols, Raleigh, Counsel for the North Carolina Academy of Trial Lawyers, amicus curiae.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed. This case is remanded to the Court of Appeals for further remand to the trial court for further proceedings not inconsistent with this opinion.

REVERSED AND REMANDED.

PER CURIAM.

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