NORTH CAROLINA NAT. BANK v. CARTER

No. 8320SC1215.

322 S.E.2d 180 (1984)

NORTH CAROLINA NATIONAL BANK v. William CARTER and wife, Sarah A. Carter.

Court of Appeals of North Carolina.

November 6, 1984.


Attorney(s) appearing for the Case

Dawkins, Glass & Lee, P.A. by W. David Lee, Monroe, for plaintiff-appellant and appellee.

Ronald Williams, P.A. by Ronald Williams, Charlotte, for defendants-appellants and appellees.


WEBB, Judge.

In their sole assignment of error, defendants contend that the trial court erred in denying their post-verdict motion for treble damages and attorney's fees pursuant to G.S. 75-16 and G.S. 75-16.1. They contend that Rule 54(c) of the Rules of Civil Procedure permits the court to grant them such relief as they are entitled even though it was not previously demanded.

Rule 54(c) in pertinent part provides:

[E]very final judgment shall grant...

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