Legal Opinion

McDaniel v. McBrayer

Court of Appeals of North Carolina

Decided May 18, 2004No. COA03-939Published

1Opinion of the Court

WYNN, Judge.

Defendant Darren Timothy McBrayer appeals from a judgment and order of the trial court awarding to Plaintiff Randy Dean McDaniel, Jr. $4,500.00 in attorneys’ fees and $1,437.90 in costs following a favorable jury verdict and award in the amount of $800.00. Defendant contends the trial court erred in awarding attorneys’ fees and costs to Plaintiff where Defendant made an offer of judgment of $5,000.00, and the jury awarded Plaintiff only $800.00. For the reasons stated herein, we affirm the order of the trial court.

The pertinent facts of the instant appeal are as follows: Plaintiff…

2Cases cited13 opinions

  1. State v. HennisSupreme Court of North Carolina · 1988
  2. State v. WilliamsSupreme Court of North Carolina · 1968
  3. Washington v. HortonCourt of Appeals of North Carolina · 1999
  4. Thorpe v. Perry-RiddickCourt of Appeals of North Carolina · 2001
  5. Pharr v. WorleyCourt of Appeals of North Carolina · 1997

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