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McDANIEL v. McBRAYER

No. COA03-939.

595 S.E.2d 784 (2004)

Randy Dean McDANIEL, Jr., Plaintiff, v. Darren Timothy McBRAYER, Defendant.

Court of Appeals of North Carolina.

May 18, 2004.

Attorney(s) appearing for the Case

Lewis & Daggett, Attorneys at Law, P.A., by C. Michael Day, Winston-Salem, for plaintiff appellee.

Davis & Hamrick, L.L.P., by H. Lee Davis, Jr. and Richard Clay Stuart, Winston-Salem, for defendant appellant.

WYNN, Judge.

Defendant Darren Timothy McBrayer appeals from a judgment and order of the trial court awarding to Plaintiff Randy Dean McDaniel, Jr. $4,500.00 in attorneys' fees and $1,437.90 in costs following a favorable jury verdict and award in the amount of $800.00. Defendant contends the trial court erred in awarding attorneys' fees and costs to Plaintiff where Defendant made an offer of judgment of $5,000.00, and the jury awarded Plaintiff only $800.00. For the...

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