SHEPARD v. BONITA VISTA PROPERTIES, L.P.

No. COA07-1095.

664 S.E.2d 388 (2008)

Tamitha SHEPARD, Beatrice Perry, William Gmoser, and Debra Rosseter, Plaintiffs, v. BONITA VISTA PROPERTIES, L.P.; Vickie L. Safely-Smith, as General Partner of Bonita Vista Properties, L.P.; Vickie L. Safely-Smith, Trustee of FVS Trust, General Partner of Bonita Vista Properties, L.P.; and, Vickie L. Safely-Smith, Individually, Defendants.

Court of Appeals of North Carolina.

August 5, 2008.


Attorney(s) appearing for the Case

Kurtz and Blum, PLLC, by Timothy E. Wipperman, Fayetteville, for Plaintiffs-Appellees.

Van Camp, Meacham & Newman, PLLC, by Evelyn Mackrella Savage, Pinehurst, for Defendants-Appellants.


STEPHENS, Judge.

Defendants appeal from the district court's judgment awarding $46,210.37 in damages and attorney's fees to Plaintiffs on claims of breach of North Carolina's Public Utilities Act, unfair and deceptive trade practices, and breach of contract. We affirm the awards of damages but remand for additional findings of fact concerning the award of attorney's fees.

When the trial court sits without a jury, as it did in this case, "the standard of review...

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