Miller v. Ruth's of North Carolina, Inc.

JOHNSON, Judge.

Plaintiff contends that the court erred in denying his request for attorneys’ fees under G.S. 55-55(d), which provides that a court “may award” a successful plaintiff in a shareholders’ derivative action “the reasonable expenses of maintaining the action, including reasonable attorneys’ fees. . . .”

*42However, since this was not a shareholders’ derivative action, we need not reach the arguments presented by plaintiff concerning the court’s exercise of discretion. In his original complaint, plaintiff did allege damage to the corporations and unsuccessful efforts to obtain relief…