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CATAWBA VALLEY BANK v. PORTER

No. COA07-737.

655 S.E.2d 473 (2008)

CATAWBA VALLEY BANK, Plaintiff v. Glenn D. PORTER and Sheila A. Porter, d/b/a Carolina Cars and Boats, Defendants.

Court of Appeals of North Carolina.

January 15, 2008.

Attorney(s) appearing for the Case

Young, Morphis, Bach & Taylor, L.L.P., by T. Dean Amos and Jimmy R. Summerlin, Jr., Hickory, for Plaintiff-Appellant.

Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, P.A., by Warren A. Hutton and Nancy L. Huegerich, Hickory, for Defendant-Appellees.

ARROWOOD, Judge.

Catawba Valley Bank (Plaintiff) appeals from an order awarding attorneys' fees to Glenn and Sheila Porter (Defendants). We vacate the court's order.

Plaintiff filed suit against Defendants on 6 July 2005. Plaintiff's complaint alleged that the parties had executed five Promissory Notes and Security Agreements, obligating Defendants to repay Plaintiff more than $200,000.00; that the loans were secured by certain motor vehicles; and that Defendants...

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