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YATES MOTOR CO., INC. v. SIMMONS

No. 8015DC824.

276 S.E.2d 496 (1981)

YATES MOTOR COMPANY, INC., Plaintiff, v. Beverly Jane SIMMONS, Defendant, v. Rena Bynum NOELL, Michael W. Noell and Hubert Warren Noell, Third-Party Defendants.

Court of Appeals of North Carolina.

April 7, 1981.

Attorney(s) appearing for the Case

Coleman, Bernholz, Dickerson, Bernholz, Gledhill & Hargrave by Roger B. Bernholz, Chapel Hill, for third-party plaintiff-appellee.

Young, Moore, Henderson & Alvis by Walter E. Brock, Jr., Raleigh, for third-party defendants-appellants.

WELLS, Judge.

The only issues presented in this appeal are (1) whether the trial court had authority to award attorney's fees to plaintiffs and (2) whether the trial court abused its discretion in making such an award.

I. The authority of the trial court to award attorney's fees.

Defendants' offer of judgment was as follows:

NOW COME THE THIRD PARTY DEFENDANTS, Rena Bynum Noell, Michael W. Noell and Hubert Warren Noell, pursuant to...

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