United Artists Records, Inc. v. Eastern Tape Corp.

MORRIS, Judge.

Plaintiffs’ appeal presents the single question whether a trial judge has authority to award remedial damages, costs, and attorneys fees resulting from defendants’ conduct in violating a court order, the violation having been found by the court to constitute civil contempt.

Plaintiffs contend that the power to grant indemnifying fines to a private plaintiff is inherent in the courts of North Carolina. We disagree. In In re Rhodes, 65 N.C. 518 (1871), an injunction had been entered, ordering Sheriff Rhodes to redeliver certain goods to named persons prior to an execution sale. The…