Alexander v. DaimlerChrysler Corp.

While I agree with the majority’s dismissal of plaintiffs’ appeal, I respectfully dissent from the denial of defendants’ motion for attorney fees.

Under N.C.R. App. R 34, “Frivolous appeals; Sanctions” this Court is authorized under certain circumstances to impose sanctions, including attorneys’ fees, upon a party:(a) A court of the appellate division may ... impose a sanction against a party or attorney or both when the court determines that an appeal or any proceeding in an appeal was frivolous because of one or more of the following:(1) the appeal was not well grounded in fact and warranted…