Madden v. Chase

ARNOLD, Judge.

The general rule in North Carolina is that in the absence of statutory authority, attorneys’ fees are not recoverable. Hicks v. Albertson, 284 N.C. 236, 200 S.E. 2d 40 (1973). There is no statutory authority for an award of attorneys’ fees in the present case. Despite this rule, plaintiff contends that “the trial court erred in denying plaintiffs request for an opportunity to make an application to recover costs, including reasonable attorneys’ fees, where plaintiffs class action conferred a substantial benefit on all shareholders.”

In support of his argument, plaintiff relies on…