Legal Opinion
McClure v. County of Jackson
Court of Appeals of North Carolina
Decided August 21, 2007No. COA06-867, COA06-938PublishedCited by 15 opinions
1Opinion of the Court
STEELMAN, Judge.
When the questions originally in controversy between the parties are no longer at issue, the case is moot and should be dismissed. After the trial court enters a written judgment and notice of appeal has been given, the trial court is functus officio and without jurisdiction to enter an award of attorney’s fees. The better practice is for the trial court to enter its written’judgment only after all issues, including attorney’s fees, have been decided.
The Jackson County Airport Authority was established by Jackson County for the operation and maintenance of airport facilities.…
2Cases cited16 opinions
- Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
- In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
- In Re Inquiry Concerning a Judge No. 53 PeoplesSupreme Court of North Carolina · 1978
- In re T.R.P.Supreme Court of North Carolina · 2006
- Lemmerman v. A. T. Williams Oil Co.Supreme Court of North Carolina · 1986
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re Will of HartsCourt of Appeals of North Carolina · 2008
- Balawejder v. BalawejderCourt of Appeals of North Carolina · 2011
- Swink v. WeintraubCourt of Appeals of North Carolina · 2009
- Daily Express, Inc. v. BeattyCourt of Appeals of North Carolina · 2010
- Morgan v. Nash CountyCourt of Appeals of North Carolina · 2012
10 more not listed; retrieve them via the Exa API.