Pearce v. American Defender Life Insurance

HEDRICK, Chief Judge.

We note at the outset that plaintiff relies heavily on this Court’s prior decision, in which we “vacated” the order dismissing plaintiff’s complaint for failure to state a claim, in support of her contention that the court erred in granting defendant’s motion for judgment notwithstanding the verdict. Plaintiff contends that our holding in the first appeal of this case is binding on this Court on this second appeal, citing N.C.N.B. v. Virginia Carolina Builders, 307 N.C. 563, 299 S.E. 2d 629 (1983). “The doctrine of law of the case does not apply to dicta, [however,] but…