Persis Nova Construction, Inc. v. Edwards

STEPHENS, Judge.

Defendants appeal an order denying their motion for sanctions and attorney’s fees brought pursuant to N.C. Gen. Stat. §§ 1A-1, Rule 11, and 6-21.5, respectively. We agree with the trial court that the filing of this lawsuit did not violate Rule 11; therefore, we affirm the trial court’s decision to deny Rule 11 sanctions. We disagree, how ever, with the trial court’s conclusion that there was no prevailing party in this action. Accordingly, we reverse that portion of the trial court’s order and remand the matter for additional findings and conclusions.

Facts

In January 2003,…