North Carolina National Bank v. Carter

WEBB, Judge.

In their sole assignment of error, defendants contend that the trial court erred in denying their post-verdict motion for treble damages and attorney’s fees pursuant to G.S. 75-16 and G.S. 75-16.1. They contend that Rule 54(c) of the Rules of Civil Procedure permits the court to grant them such relief as they are entitled even though it was not previously demanded.

Rule 54(c) in pertinent part provides:

[E]very final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings.

When read…