Town of Sylva v. Gibson

WELLS, Judge.

The sole question considered in this appeal is whether Judge Leatherwood erred in modifying Judge Snow’s prior judgment as to the amount of attorney's fees to be awarded plaintiff.

In his judgment, Judge Snow made findings of fact, entered conclusions of law, and in entering judgment for plaintiff, awarded plaintiff an attorney’s fee of $350.00 as part of the costs of the action. Defendant Gibson did not appeal from Judge Snow’s judgment, but instead filed a motion for relief from judgment. The motion was apparently filed after expiration of the time within which notice of appeal…