Hodge v. North Carolina Department of Transportation

ELMORE, Judge.

In this appeal, we must determine whether the trial court erred by ordering the North Carolina Department of Transportation (DOT) and Norris Tolson (collectively, defendants) to pay attorney’s fees incurred by Glenn I. Hodge, Jr. (plaintiff) in plaintiff’s prosecution of his claim for injunctive relief. For the reasons discussed herein, we conclude that the trial court did not have jurisdiction to hear plaintiff’s motion for attorney’s fees pursuant to N.C. Gen. Stat. § 6-19.1 (2003), and we vacate the trial court’s order.

The facts are set out in full in a previous opinion of…