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HODGE v. NORTH CAROLINA DEPT. OF TRANSP.

No. COA03-51.

589 S.E.2d 737 (2003)

Glenn I. HODGE, Jr., Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and Norris Tolson, Secretary of the North Carolina Department of Transportation, Defendants.

Court of Appeals of North Carolina.

December 16, 2003.

Attorney(s) appearing for the Case

Broughton Wilkins Sugg & Thompson, P.L.L.C., by R. Palmer Sugg, Raleigh, for plaintiff-appellee.

Attorney General Roy Cooper, by Special Deputy Attorney General Robert O. Crawford, III and Assistant Attorney General Sarah Ann Lannom, for defendants-appellants.

ELMORE, Judge.

In this appeal, we must determine whether the trial court erred by ordering the North Carolina Department of Transportation (DOT) and Norris Tolson (collectively, defendants) to pay attorney's fees incurred by Glenn I. Hodge, Jr. (plaintiff) in plaintiff's prosecution of his claim for injunctive relief. For the reasons discussed herein, we conclude that the trial court did not have jurisdiction to hear plaintiff's motion for attorney's fees pursuant...

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