Legal Opinion

WFC Lynnwood I LLC v. Lee of Raleigh, Inc.

Court of Appeals of North Carolina

Decided June 5, 2018No. COA17-562PublishedCited by 11 opinions

1Opinion of the Court

CALABRIA, Judge.

*926Where defendants failed to meet their burden when challenging a liquidated damages clause, the trial court did not err in awarding liquidated damages on summary judgment. Where a commercial lease with a reciprocal attorneys' fees provision was executed after the effective date of N.C. Gen. Stat. § 6-21.6, the trial court did not err in awarding attorneys' fees pursuant to that statute. Where guarantors signed a guaranty explicitly noting their liability for outstanding attorneys' fees, the trial court did not err in holding them jointly and severally liable for attorneys'…

2Cases cited11 opinions

  1. Forbis v. NealSupreme Court of North Carolina · 2007
  2. In Re the Will of JonesSupreme Court of North Carolina · 2008
  3. Knutton v. CofieldSupreme Court of North Carolina · 1968
  4. Thompson v. First Citizens Bank & Trust Co.Court of Appeals of North Carolina · 2002
  5. Cotton v. StanleyCourt of Appeals of North Carolina · 1989

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3Cited by11 opinions

  1. Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc.Court of Appeals of North Carolina · 2019
  2. CARPET SUPER MART, INC. v. BENCHMARK INTERNATIONAL COMPANY SALES SPECIALIST, LLCDistrict Court, M.D. North Carolina · 2020
  3. Entegra Bank v. Wald Wood Products, Inc.District Court, W.D. Arkansas · 2019
  4. Knc Techs., LLC v. TuttonNorth Carolina Business Court · 2021
  5. Lossiah v. United StatesDistrict Court, W.D. North Carolina · 2021

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