Ocracomax, LLC v. Davis
256 N.C. App. 496
| N.C. Ct. App. | 2017Background
- Plaintiff (Ocracomax, LLC) sued the Davis defendants and the Ocracoke Horizons HOA for a declaratory judgment establishing a parking-space right in a shared condominium garage.
- Trial court granted Plaintiff’s motion for judgment on the pleadings and entered a Judgment stating “Costs are taxed to the defendants.”
- This Court previously affirmed the Judgment on the merits in an earlier appeal.
- Plaintiff then filed a Motion to Determine Costs; the trial court’s Costs Order awarded Plaintiff’s fees and costs (including those from the first appeal) and taxed them solely to the Davis defendants.
- The Davis defendants sought certiorari review and appealed the Costs Order, arguing (1) costs should have been allocated among all defendants, not just them, and (2) appellate fees were improperly included.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allocation of costs among defendants | Costs were properly awarded to the prevailing party and the trial court should allocate as it sees fit | The Judgment’s language "Costs are taxed to the defendants" (affirmed on appeal) established law of the case requiring allocation against all defendants | Trial court did not abuse discretion; the earlier Judgment did not fix allocation among individual defendants and the Costs Order properly determined allocation later |
| Inclusion of appellate attorney’s fees | Fees under N.C. Gen. Stat. § 47C‑4‑117 cover reasonable attorney’s fees incurred to enforce condominium rights, including appellate work | § 47C‑4‑117 should be strictly construed to allow fees only for trial-level work; appellate fees are not authorized | § 47C‑4‑117 is a chapter‑specific, non‑remedial grant that may be construed to include fees from all stages of litigation, including appeal; trial court acted within discretion |
Key Cases Cited
- Buford v. General Motors Corp., 339 N.C. 396 (1994) (standard for reviewing trial court awards of attorney’s fees is abuse of discretion)
- N.C. National Bank v. Virginia Carolina Builders, 307 N.C. 563 (1983) (law‑of‑the‑case doctrine governs questions previously decided on appeal)
- McKinnon v. CV Indus., Inc., 228 N.C. App. 190 (2013) (chapter‑specific fee statutes may authorize fees for appellate stages)
- United Laboratories, Inc. v. Kuykendall, 335 N.C. 183 (1994) (purpose of chapter‑specific fee statutes is to encourage private enforcement)
- Brockwood Unit Ownership Ass'n v. Delon, 124 N.C. App. 446 (1996) (§ 47C‑4‑117 is a specific grant to award attorney’s fees in condominium cases)
AFFIRMED.