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ROBERTS v. SWAIN

No. 572PA99.

538 S.E.2d 566 (2000)

Douglas D. ROBERTS v. Carroll E. SWAIN, Jr., J.B. McCracken and Alana M. Ennis.

Supreme Court of North Carolina.

December 21, 2000.

Attorney(s) appearing for the Case

Bayliss, Hudson & Merritt, by Ronald W. Merritt, Chapel Hill, for plaintiff-appellant and -appellee.

Michael F. Easley, Attorney General, by Bruce S. Ambrose, Assistant Attorney General, for defendant-appellant and -appellee McCracken; Isaac T. Avery III, Special Deputy Attorney General, and Reuben F. Young, Assistant Attorney General, for defendant-appellant and -appellee Swain; and Christine Ryan, Assistant Attorney General, for defendant-appellant and -appellee Ennis.

FRYE, Chief Justice.

According to the Court of Appeals, N.C.G.S. § 1A-1, Rule 68 provides that "a plaintiff who rejects a defendant's offer of judgment must bear the costs and attorney fees incurred after the offer of judgment if the `judgment finally obtained' is less favorable than the offer of judgment." Roberts v. Swain, 135 N.C. App. 613, 614, 521 S.E.2d 493, 494 (1999). The question plaintiff raises in his petition...

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