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PERSIS NOVA CONST., INC. v. EDWARDS

No. COA07-1501.

671 S.E.2d 23 (2009)

PERSIS NOVA CONSTRUCTION, INC., d/b/a Persis-Nova Construction Company a/k/a P & N Homes, Plaintiff, v. Bruce K. EDWARDS and Kathlyn E. Edwards, Defendants.

Court of Appeals of North Carolina.

January 20, 2009.

Attorney(s) appearing for the Case

Smith Currie & Hancock, LLP, by Robert J. Greene, Jr., Charlotte, for Plaintiff-Appellee.

Crowe & Davis, P.A., by H. Kent Crowe, Canover, for Defendants-Appellants.

STEPHENS, Judge.

Defendants appeal an order denying their motion for sanctions and attorney's fees brought pursuant to N.C. Gen.Stat. §§ 1A-1, Rule 11, and 6-21.5, respectively. We agree with the trial court that the filing of this lawsuit did not violate Rule 11; therefore, we affirm the trial court's decision to deny Rule 11 sanctions. We disagree, however, with the trial court's conclusion that there was no prevailing party in this action. Accordingly...

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