Legal Opinion
Swaps, LLC v. Asl Props., Inc.
Court of Appeals of North Carolina
Decided November 1, 2016No. 16-443PublishedCited by 2 opinions
1Opinion of the Court
DIETZ, Judge.
*264 The issue presented in this appeal is whether the North Carolina Uniform Declaratory Judgment Act permits a trial court to award attorneys' fees. We hold that it does not.
The act states that "the court may make such award of costs as may seem equitable and just." N.C. Gen. Stat. § 1-263 . Our Supreme Court has held that costs are a creature of statute and are governed solely by statute, not common law.
In the General Statutes, costs and attorneys' fees are separate categories and attorneys' fees may be awarded as part of an award of "costs" only where the authorizing statute…
2Cases cited12 opinions
- Kremers-Urban Co. v. American Employers Insurance Co.Wisconsin Supreme Court · 1984
- Lide v. MearsSupreme Court of North Carolina · 1949
- Trustees of Indiana University v. BuxbaumMontana Supreme Court · 2003
- Soundgarden v. EikenberryWashington Supreme Court · 1994
- City of Charlotte v. McNeelySupreme Court of North Carolina · 1972
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Astanza Design, LLC v. Giemme Stile, S.p.A.District Court, M.D. North Carolina · 2016
- CARPET SUPER MART, INC. v. BENCHMARK INTERNATIONAL COMPANY SALES SPECIALIST, LLCDistrict Court, M.D. North Carolina · 2020