Ocracomax, LLC v. Davis

808 S.E.2d 573, 256 N.C. App. 496
CourtCourt of Appeals of North Carolina
DecidedNovember 21, 2017
DocketCOA17-608
StatusPublished

This text of 808 S.E.2d 573 (Ocracomax, LLC v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ocracomax, LLC v. Davis, 808 S.E.2d 573, 256 N.C. App. 496 (N.C. Ct. App. 2017).

Opinion

DILLON, Judge.

*496 Christopher M. Davis and Jennifer L. Davis (the "Davis Defendants") appeal the trial court's order dismissing their appeal from a decision on the Ocracomax, LLC, ("Plaintiff") Motion for Costs in the underlying action. The Davis Defendants argue that their appeal was meritorious, in that the order granting trial costs to Plaintiff (1) improperly assigned said costs to them alone, and not to all the defendants; and (2) included costs incurred by Plaintiff in a prior appeal. After careful review, we affirm.

I. Background

Plaintiff and the Davis Defendants are each residents of a condominium complex overseen by Defendant Ocracoke Horizons Unit Owners *497 Association, Inc. (the "HOA Defendant"). In February 2015, Plaintiff filed the underlying action against all Defendants, seeking a declaratory judgment stating its right to a parking space in a shared garage. After considering the briefs and pleadings, the trial court issued an order granting Plaintiff's Motion for Judgment on the Pleadings and taxing costs to Defendants (the "Judgment"), which our Court later affirmed in a prior appeal in this matter.

Plaintiff filed a Motion to Determine Costs. The trial court entered an order determining Plaintiff's costs in the underlying action (the "Costs Order"). In the Costs Order, the trial court taxed all of Plaintiff's fees throughout trial and the first appeal to the Davis Defendants alone.

The Davis Defendants filed a Petition for Writ of Certiorari, requesting that our Court review the Costs Order. We allowed Defendant's petition, and now consider their appeal.

II. Analysis

The Davis Defendants challenge the costs assigned by the trial court in two respects: First, the Davis Defendants argue that the trial court erred in taxing costs and attorney's fees against them, but not against the HOA Defendant. Second, Defendants allege that the trial court improperly included attorney's fees incurred on appeal in its award to Plaintiff. We address each argument in turn.

A trial court's grant of attorney's fees, supported by statutory authority, will not be overturned absent an abuse of discretion. Buford v. Gen. Motors Corp. , 339 N.C. 396 , 406, 451 S.E.2d 293 , 298 (1994). We review the trial court's decision only to determine if its "ruling was manifestly unsupported by reason and could not have been the result of a reasoned decision." Old Republic Nat'l Title Ins. Co. v. Hartford Fire Ins. Co. , 369 N.C. 500 , 506-07, 797 S.E.2d 264 , 269 (2017).

The Davis Defendants contend that the trial court abused its discretion by taxing costs and attorney's fees solely against the Davis Defendants, because the Cost Order was contradictory to the "law of the case" established in the first appeal, where we affirmed the trial court's order granting Plaintiff judgment on the pleadings, including costs, against all Defendants. See N.C. Nat'l Bank v. Va. Carolina Builders , 307 N.C. 563 , 566, 299 S.E.2d 629 , 631 (1983) ("Once an appellate court has ruled on a question, that decision becomes the law of the case and governs the question not only on remand at trial, but on a subsequent appeal of the same case."). Specifically, the Judgment, which we affirmed in the first appeal, included a decree that "[c]osts are taxed *498 to the defendants." The Davis Defendants read this decree to mean that costs are to be taxed against all the Defendants. We disagree. *575 The Judgment dealt at length with the merits of the underlying case. The Judgment established Plaintiff's rights in the condominium property, and spoke to the assignment of fees and costs only insofar as costs were to be "taxed to the defendants." We do not find the language of the Judgment, which did not determine the amount of costs, to be conclusive on how the costs were to be allocated among the defendants. We are unpersuaded by Plaintiff's argument that the language in the Judgment amounts to the law of the case which determined how the costs were to be allocated. Further, it is clear from the procedural history of this case that the issue of fees and costs was not conclusively decided until the Costs Order. The Judgment determined the rights of the parties, while the Costs Order thoroughly set out the amount of the costs awarded and each defendant's obligations with regard to the award.

The Davis Defendants also contend that the trial court lacked the statutory authority necessary to grant attorney's fees which Plaintiff incurred in the first appeal. Specifically, the Davis Defendants argue that N.C. Gen. Stat. § 47C-4-117, the statute under which the trial court awarded attorney's fees, should have been construed strictly to allow an award of attorney's fees generated only from trial proceedings. We disagree.

It is true that courts may not award attorney's fees (and costs) without statutory authority to do so, Hicks v. Albertson , 284 N.C. 236 , 238, 200 S.E.2d 40 , 42 (1973), and that such authority is generally to be construed strictly according to its express terms. Sunamerica Fin. Corp. v. Bonham , 328 N.C. 254 , 257, 400 S.E.2d 435 , 437 (1991). However, when the ability to grant attorney's fees is assigned in a non-remedial spirit, fees and costs may be granted from "all stages of litigation, including on appeal." McKinnon v. CV Indus., Inc.

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Related

Sunamerica Financial Corp. v. Bonham
400 S.E.2d 435 (Supreme Court of North Carolina, 1991)
Hicks v. Albertson
200 S.E.2d 40 (Supreme Court of North Carolina, 1973)
BROOKWOOD UNIT OWNERSHIP ASS'N v. Delon
477 S.E.2d 225 (Court of Appeals of North Carolina, 1996)
United Laboratories, Inc. v. Kuykendall
437 S.E.2d 374 (Supreme Court of North Carolina, 1993)
Buford v. General Motors Corp.
451 S.E.2d 293 (Supreme Court of North Carolina, 1994)
North Carolina National Bank v. Virginia Carolina Builders
299 S.E.2d 629 (Supreme Court of North Carolina, 1983)
Old Republic National Title Insurance Co. v. Hartford Fire Insurance Co.
797 S.E.2d 264 (Supreme Court of North Carolina, 2017)
McKinnon v. CV Industries, Inc.
745 S.E.2d 343 (Court of Appeals of North Carolina, 2013)

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Bluebook (online)
808 S.E.2d 573, 256 N.C. App. 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocracomax-llc-v-davis-ncctapp-2017.