Eaton v. Campbell
220 N.C. App. 521
| N.C. Ct. App. | 2012Background
- Eaton and wife sue Campbell, Karen Campbell, and related entities for breach of contract, breach of fiduciary duty, fraud, UDAP, conversion, and conspiracy.
- Trial court, sitting without a jury, makes findings that appellees' contract and fiduciary duties were breached and property was converted.
- Court also finds actual and constructive fraud and unfair and deceptive acts; damages awarded $40,532 and treble damages $121,596 plus interest and attorney's fees.
- Defendants appeal challenging the trial court's legal conclusions; defendants Bethel and Liscomb were dismissed from the action and did not participate in the appeal.
- Appellate court reviews whether there was competent evidence to support the trial court's findings and whether its conclusions of law were proper, given the findings.
- Court affirms the judgment, applying the standard that absence of a jury requires deference to the trial court's findings supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court's findings support breach and fraud claims | Eaton asserts breaches and fraud conclusions are supported by evidence. | Campbell contends the law applied mischaracterizes the evidence. | Findings supported; conclusions proper. |
| Whether treble damages and attorney's fees were proper under UDAP | Eaton seeks treble damages for unfair and deceptive acts. | Campbell disputes availability or amount of treble damages/fees. | Treble damages and fees affirmed. |
| Standard of review on appeal when trial court sits without a jury | Standard favors deference to trial court's findings if supported by evidence. | Appellate scrutiny of trial court's law application is sufficient. | Review is for competent evidence supporting findings and proper legal conclusions. |
Key Cases Cited
- Shear v. Stevens Bldg. Co., 107 N.C.App. 154, 418 S.E.2d 841 (1992) (deference to trial court findings when there is no jury)
- Goodson v. P.H. Glatfelter Co., 171 N.C.App. 596, 615 S.E.2d 350 (2005) (appellate court not to supplement appellant's brief with additional authority)
- Viar v. N.C. Dep't of Transp., 359 N.C. 400, 610 S.E.2d 360 (2005) (not the role of appellate courts to create an appeal for an appellant)