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MCKINNEY v. McKINNEY

No. COA12-1152.

745 S.E.2d 356 (2013)

Ginger A. McKINNEY (Now Ginger L. Sutphin), Plaintiff, v. Joe A. McKINNEY, Defendant.

Court of Appeals of North Carolina.

July 16, 2013.

Attorney(s) appearing for the Case

Wyatt Early Harris Wheeler, High Point, by A. Doyle Early, Jr. and Lee C. Hawley , for plaintiff-appellee.

Wyrick Robbins Yates & Ponton LLP, Raleigh, by K. Edward Greene and Tobias S. Hampson , for defendant-appellant.

STEELMAN, Judge.

Where our prior opinion directed the trial court to award fees for the time that an expert witness actually spent testifying in court, but not for time spent preparing for trial, the trial court erred in awarding additional fees based upon the time that the expert spent waiting in court. The trial court did not err in awarding attorney's fees to plaintiff for the first appeal in a case involving child support and custody.

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