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BUMPERS v. COMMUNITY BANK OF N. VIRGINIA

No. 269PA09.

695 S.E.2d 442 (2010)

Travis T. BUMPERS and Troy Elliott, on behalf of themselves and all others similarly situated v. COMMUNITY BANK OF NORTHERN VIRGINIA.

Supreme Court of North Carolina.

June 17, 2010.

Attorney(s) appearing for the Case

Hartzell & Whiteman, L.L.P., by J. Jerome Hartzell, Raleigh, and Financial Protection Law Center, by Mallam J. Maynard, Wilmington, for plaintiff-appellant/appellee Travis T. Bumpers.

Ellis & Winters LLP, by Matthew W. Sawchak and Stephen C. Keadey, Raleigh, for defendant-appellee/appellant.

Robinson, Bradshaw & Hinson, P.A., by John R. Wester and Adam K. Doerr, Charlotte, for NC Chamber, amicus curiae.

North Carolina Justice Center, by Carlene McNulty, Raleigh, and Center for Responsible Lending, by Daniel Mosteller, Washington, DC, amici curiae.

TIMMONS-GOODSON, Justice.

The issue presented in this case is whether a judgment ruling on all substantive issues of a claim under section 75-1.1 is final and certifiable for appeal notwithstanding an unresolved claim for attorney fees under section 75-16.1. We hold that such a judgment is immediately appealable. Accordingly, we reverse and remand to the Court of Appeals for consideration of the merits of the issues raised on appeal.

I. Background

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