Brown v. Millsap

I respectfully dissent from the majority’s opinion.

I. Issue

The sole issue before this Court is whether the court erred by concluding that it lacked authority under N.C. Gen. Stat. § 6-21.1 to award reasonable attorney’s fees to plaintiff.

TT. N.C. Gen. Stat. § 6-21.1

Plaintiff contends the trial court erred by adding court costs of $435.00 and prejudgment interest of $669.76 to the jury’s verdict of $9,500.00 to determine if the $10,000.00 amount of N.C. Gen. Stat. § 6-21.1 was exceeded.

“The general rule in this State is that, in the absence of statutory authority therefor, a court may not…