Payne v. First Union Bank

By Judge James W. Updike, Jr.

The captioned matter came to be heard on May 17,1999, on defendant’s demurrer to plaintiffs claims, as stated in his motion for judgment, for attorney’s fees and punitive damages.

During the hearing of May 17,1999, counsel for the plaintiff could not provide the court with any contractual or statutory authorization for recovery of attorney’s fees, and in a ruling from the bench, I sustained defendant’s demurrer as to plaintiffs claim for attorney’s fees.

As to defendant’s demurrer to plaintiffs claim for punitive damages, I have reviewed the memorandum submitted by…