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OWENSBY v. OWENSBY

No. 8327DC638.

315 S.E.2d 86 (1984)

Ernest Earl OWENSBY v. Elizabeth Upton OWENSBY.

Court of Appeals of North Carolina.

May 15, 1984.

Attorney(s) appearing for the Case

Murchison, Guthrie & Davis by Dennis L. Guthrie and K. Neal Davis, Charlotte, for defendant-appellant.

Hamrick, Mauney, Flowers, Martin & Deaton by Fred A. Flowers, Shelby, for plaintiff-appellee.

EAGLES, Judge.

Defendant assigns as error an abuse of discretion in the trial judge's award of $6,750 in attorney fees to defendant's attorneys for legal services rendered on behalf of defendant throughout all stages of this litigation. We agree that the trial judge erred.

Our Supreme Court has declared that, in alimony cases, "the guiding principle behind the allowance of counsel fees is to enable the dependent...

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