Brown v. Rhyne Floral Supply Manufacturing Co.

Court of Appeals of North Carolina
Brown v. Rhyne Floral Supply Manufacturing Co., 89 N.C. App. 717 (1988)
366 S.E.2d 894; 1988 N.C. App. LEXIS 305
Becton, Hedrick, Smith

Brown v. Rhyne Floral Supply Manufacturing Co.

Opinion of the Court

BECTON, Judge.

Plaintiff, Marvin Brown, brought an action against defendant, Rhyne Floral Supply Manufacturing Company, Inc. (Rhyne) and the other named defendants to quiet title to real estate in May of 1986. Brown, representing himself, claimed to have acquired title through adverse possession. The trial judge dismissed Brown’s case at the close of the evidence, concluding that there was a complete absence of a justiciable issue, that the action was not brought in good faith, and that the action was frivolous. The trial judge also awarded attorneys fees to all the defendants’ attorneys. Brown appealed to this court, and his appeal was dismissed on 16 December 1986 for failing to perfect the appeal. Upon motion by defendant Rhyne, the trial judge then awarded to Rhyne additional attorneys fees in the amount of $1,000 and expenses of $419.10 for the costs they incurred in defending against Brown’s appeal, finding that the appeal was frivolous. Brown appeals this award.

Although defendant cites several statutes that authorize a trial judge to tax costs against the losing appellant (see N.C. Gen. Stat. Secs. 6-20, 7A-305(d), and N.C. Rules of Appellate Procedure 34 and 35(a)), nowhere in those statutes do we find authority for a trial judge to award attorneys fees under the circumstances that exist here. As a general rule, attorneys fees are not awarded to the prevailing party without statutory authority. Trust Co. v. Schneider, 235 N.C. 446, 70 S.E. 2d 578 (1952).

Judgment is vacated.

Chief Judge Hedrick and Judge SMITH concur.

Reference

Full Case Name
MARVIN BROWN v. RHYNE FLORAL SUPPLY MANUFACTURING COMPANY, INCORPORATED MORRIS PASOUR and wife, ROXIE PASOUR EULAS PASOUR and wife, MARIAN FOX PASOUR THEADOS PASOUR, unmarried MARY JANE PASOUR SETZER, widow BEVERLY JOYCE JOHNSON and husband, BILLY RAY JOHNSON DARRELL WILLIAM HARRIS, unmarried NORMAN LEON HARRIS, an unmarried minor ODENA PASOUR BROWN and husband, CASPER BROWN ESTELLA PASOUR NIXON and husband, NAMON NIXON ROBERTA PASOUR, unmarried ETOISE PASOUR BOOKER and husband, WARREN BOOKER J.C. WILSON and wife, GWENDOLYN WILSON DOROTHY WILSON JONES and husband, JOHN JONES JOYCE WILSON, unmarried IRVIN LEE WILSON, unmarried GEORGE BERNARD WILSON and wife, MARY WILSON GRACE PASOUR BROWN and husband, HERBERT BROWN and devises or heirs at law, and all other persons, firms or corporations claiming any interest in the lands described herein
Cited By
3 cases
Status
Published