IN RE COLE

No. COA05-7.

625 S.E.2d 155 (2006)

In the Matter of the Foreclosure of a Deed of Trust Executed by Hercules COLE and Elsie Celestine Cole, husband and wife, H. Terry Hutchens, PA, Substitute Trustee. Hercules Cole and Celestine Cole, Plaintiffs, v. Branch Banking and Trust Company, Thomas M. Neville, Individually and as agent of Branch Banking and Trust Company, Patricia Davis, Individually and as agent of Branch Banking and Trust Company, and H. Terry Hutchens, P.A., Substitute Trustee, Defendants. Hercules Cole and Celestine Cole, Plaintiffs, v. Vestal E. Yarbrough, Shirley Yarbrough, Edward Winslow Quality Builders, Inc., Branch Banking and Trust Company, Thomas M. Neville, Individually and as agent of Branch Banking and Trust Company, Patricia Davis, Individually and as agent of Branch Banking and Trust Company, and H. Terry Hutchens, P.A., Substitute Trustee, Defendants.

Court of Appeals of North Carolina.

February 7, 2006.


Attorney(s) appearing for the Case

Moore & Moore, by Milton E. Moore; James R. Streeter, Greenville, for plaintiff-appellants.

Hall and Horne, L.L.P., by John F. Green, II, Wilmington, for defendant-appellees Vestal E. Yarbrough and Shirley Yarbrough.

C. Everett Thompson, II for defendant-appellee Edward Winslow Quality Builders, Inc.

Mary Jane Eisenbeis, Elizabeth City, for defendant-appellee H. Terry Hutchens, P.A.

G. Wendell Spivey, Elizabeth City, for defendant-appellee Branch Banking and Trust Company.

Hornthal, Riley, Ellis & Maland, L.L.P., by M.H. Hood Ellis and L. Phillip Hornthal, III, Elizabeth City, for defendant-appellees Branch Banking and Trust Company, Thomas M. Neville, Patricia Davis and H. Terry Hutchens, P.A.


HUNTER, Judge.

Hercules Cole and Celestine Cole ("plaintiffs") appeal from an order entered 14 April 2004 denying plaintiffs' counsel's Motion for Admission to Practice Pro Hac Vice and granting defendants' motion for sanctions and attorneys' fees. For the reasons stated herein, we affirm the judgment of the trial court.

Plaintiffs hired Waverly W. Jones ("Jones") in October 2003 to represent them in an action...

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