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MADDEN v. CHASE

No. 8626SC785.

352 S.E.2d 456 (1987)

Vincent MADDEN, Custodian for Katherine Ann Madden, UGTMA, On behalf of himself and all others similarly situated, Plaintiff, v. David T. CHASE, Thomas N. Roboz, E.M. Hicks, J. John Fox, James E. Gettys, Harry M. Nacey, Jr., J. Benjamin Bostick, Frank Gabor, Ronald J. Krause and Stanwood Corporation, Defendants.

Court of Appeals of North Carolina.

February 3, 1987.

Attorney(s) appearing for the Case

Cansler & Lockhart by Thomas Ashe Lockhart and Bruce M. Simpson, Charlotte, Garwin, Bronzaft & Gerstein by Bertram Bronzaft and Scott W. Fisher, New York City, Gross & Sklar by Eugene A. Spector, Philadelphia, Pa., for plaintiff-appellant.

Kennedy, Covington, Lobdell & Hickman by William C. Livingston and Joseph B.C. Kluttz, Charlotte, for defendants-appellees Hicks, Fox, Gettys, Nacey, Bostick, Gabor and Krause.

Robinson, Bradshaw & Hinson by John R. Wester, Martin L. Brackett, Jr., and Samuel D. Walker, Charlotte, for defendant-appellee Stanwood Corp.

No brief for defendants-appellees Chase and Roboz.

ARNOLD, Judge.

The general rule in North Carolina is that in the absence of statutory authority, attorneys' fees are not recoverable. Hicks v. Albertson, 284 N.C. 236, 200 S.E.2d 40 (1973). There is no statutory authority for an award of attorneys' fees in the present case. Despite this rule, plaintiff contends that "the trial court erred in denying plaintiff's request for an opportunity to...

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