Stevenson v. North Carolina Department of Insurance

CLARK, Judge.

DEFENDANTS’ APPEAL

The single issue raised by this appeal is whether the trial court erred in limiting defendants’ recovery to the amount of the bond ($1,000) even though defendants were damaged in the amount of $3,803.02.

N.C. Gen. Stat. § 1A-1, Rule 65(e) provides:

“(e) Damages on dissolution. — An order or judgment dissolving an injunction or restraining order may include an award of damages against the party procuring the injunction and the sureties on his undertaking without a showing of malice or want of probable cause in procuring the injunction. The damages may be determined…