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WEAVER INV. v. PRESSLY DEVELOPMENT ASSOC.

No. COA13-624.

760 S.E.2d 755 (2014)

WEAVER INVESTMENT COMPANY and Travel Camps, Inc., on their own behalf and on behalf of Fourth Creek Landing Housing Limited Partnership and Fourth Creek Landing Associates, Plaintiffs, v. PRESSLY DEVELOPMENT ASSOCIATES, Pressly Development Company, Inc., David L. Pressly, and Edwin A. Pressly, Defendants.

Court of Appeals of North Carolina.

July 1, 2014.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro, by S. Leigh Rodenbough IV and Charnanda T. Reid , for plaintiff-appellees.

Eisele Ashburn Greene & Chapman, PA, Statesville, by Douglas G. Eisele , for defendant-appellants.

STEELMAN, Judge.

Where alleged misconduct of certain defendants occurred within a partnership or joint enterprise, it was not "in or affecting commerce" for the purposes of an unfair and deceptive trade practices action. The trial court erred in trebling damages and awarding attorney's fees as to those parties pursuant to the unfair and deceptive trade practices statute. The trial court had the authority to appoint an accountant...

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