Brooks v. Giesey

Judge GREENE

concurring in part and dissenting in part.

Rule 11

I agree with the majority that the trial court was without authority pursuant to the legal and factual sufficiency prongs of Rule 11 to impose as a sanction for filing the complaint that the plaintiffs and their attorney pay the defendants’ attorney’s fees. Whether the complaint complies with the legal and factual sufficiency prongs of Rule 11 is determined “as of the time it was signed,” Bryson v. Sullivan, 330 N.C. 644, 657, 412 S.E.2d 327, 333 (1992), and is not affected by subsequently occurring events. Therefore, because on 4…