Yates Motor Co., Inc. v. Simmons

WELLS, Judge.

The only issues presented in this appeal are (1) whether the trial court had authority to award attorney’s fees to plaintiff and (2) whether the trial court abused its discretion in making such an award.

I. The authority of the trial court to award attorney’s fees.

Defendants’ offer of judgment was as follows:

NOW COME THE THIRD PARTY DEFENDANTS, Rena Bynum Noell, Michael W. Noell and Hubert Warren Noell, pursuant to G.S. 1A-1, Rule 68(a) more than ten days before the trial of this action and offer that judgment be taken against them in this action for the sum of $536.64 which…