¶1ORDER
¶2The Notice of Appeal filed by defendant and third-party plaintiff (Fannie Mae) and defendant (GlassRatner Management & Realty Advisors, *488LLC) is RETAINED. Their Petition for Discretionary Review is ALLOWED. Plaintiff and third-party defendant’s (Michael A. Falk) Motion to Dismiss Appeal is DENIED.
¶3In addition, the parties are directed to address the applicability, if any, of N.C.G.S. § 45-37(b) (1991) and N.C.G.S. § 45-37(b) (2011) to this case.
¶4For the Court