¶1Upon consideration of the petition filed by Defendant on the 6th day of September 2005 in this matter for a writ of certiorari to review the order of the Superior Court, Cherokee County, the following order was entered and is hereby certified to the Superior Court of that County:
¶2"Dismissed Without Prejudice to Re-file in Court of Appeals, N.C.R.App. P. 21(b) by order of the Court in conference, this the 6th day of September 2005."