{
  "id": 8522383,
  "name": "ALESIA BASS, Plaintiff v. GEORGE GOSS, Defendant",
  "name_abbreviation": "Bass v. Goss",
  "decision_date": "1992-01-21",
  "docket_number": "No. 9114SC279",
  "first_page": "242",
  "last_page": "244",
  "citations": [
    {
      "type": "official",
      "cite": "105 N.C. App. 242"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T19:24:40.355340+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Wells and Johnson concur."
    ],
    "parties": [
      "ALESIA BASS, Plaintiff v. GEORGE GOSS, Defendant"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Chief Judge.\nG.S. 6-21.1 provides in pertinent part:\nIn any personal injury or property damage suit, ... instituted in a court of record, where the judgment for recovery of damages is ten thousand dollars ($10,000) or less, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the litigant obtaining a judgment for damages in said suit, said attorney\u2019s fees to be taxed as a part of the court costs.\nJudge Brannon\u2019s order denying plaintiff\u2019s motion for attorney\u2019s fees \u201cpending remand to the Arbitrator for a further determination\u201d was error. G.S. 6-21.1 requires the judge upon motion made to award attorney\u2019s fees as a part of the costs.\nThe action of the arbitrator after the case was remanded by order dated 13 December 1990 was a nullity inasmuch as plaintiff had given timely notice of appeal to this Court prior to the arbitrator\u2019s ruling on 8 February 1991.\nWhile Judge Brannon\u2019s order entered 13 December 1990 is not clear as to whether plaintiff\u2019s motion for attorney\u2019s fees was denied or merely denied pending remand to the arbitrator, the appeal raises the question of whether the judge should award attorney\u2019s fees in this type of case as part of the costs. We hold the judge has discretion whether to and in what amount to award attorney\u2019s fees in this type of case.\nInsofar as Judge Brannon\u2019s order denied the motion, it is reversed, and the cause is remanded to the Superior Court for entry of an order in accordance with G.S. 6-21.1.\nReversed and remanded.\nJudges Wells and Johnson concur.",
        "type": "majority",
        "author": "HEDRICK, Chief Judge."
      }
    ],
    "attorneys": [
      "Robert T. Perry for plaintiff, appellant.",
      "Reynolds, Bryant, Patterson & Covington, P.A., by Joseph B. Chambliss, Jr., for defendant, appellee."
    ],
    "corrections": "",
    "head_matter": "ALESIA BASS, Plaintiff v. GEORGE GOSS, Defendant\nNo. 9114SC279\n(Filed 21 January 1992)\nCosts \u00a7 30 (NCI4th|\u2014 personal injury claim arbitrated \u2014 award of attorney fees \u2014discretion of court\nWhere an arbitrator entered an award and judgment in favor of plaintiff in a personal injury action, damages were awarded, this was confirmed by the court, and plaintiff subsequently filed a motion for costs, including attorney fees pursuant to N.C.G.S. \u00a7 6-21.1, it was within the judge\u2019s discretion whether and in what amount to award attorney fees.\nAm Jur 2d, Arbitration and Award \u00a7 139; Costs \u00a7\u00a7 72, 78, 79.\nAppeal by plaintiff from Brannon (Anthony MJ, Judge. Order entered-13 December 1990 in Superior Court, DURHAM County. Heard in the Court of Appeals 8 January 1992.\nThis is a civil action wherein plaintiff seeks damages for personal injuries allegedly resulting from defendant\u2019s negligent conduct. The case was referred to arbitration and was heard 5 October 1990, before Attorney Thomas Fowler. An award and judgment was entered in favor of plaintiff on the issue of liability, and damages of $2,559.00 were awarded which was confirmed by the court on 6 November 1990. Subsequently, plaintiff filed a \u201cMotion for Costs,\u201d including attorney\u2019s fees, pursuant to G.S. 6-21.1. The motion was heard by Judge Brannon who entered the following order on 13 December 1990:\nIT APPEARING TO THE Court from a review of the file in this matter and Affidavits presented by the parties that the request for attorney\u2019s fees by the Plaintiff is denied pending remand to the Arbitrator for a further determination of costs per the Award.\nIt is now, therefore, ordered, adjudged and decreed that the Plaintiff\u2019s Motion for attorney\u2019s fees be and the same is hereby denied and that the matter of attorney\u2019s fees and costs be remanded to the Arbitrator, Mr. Thomas C. Fowler, for a determination of costs of this action, if any, including attorney\u2019s fees, and to whom they are taxed.\nPlaintiff gave timely notice of appeal to Judge Brannon\u2019s order on 14 January 1991.\nRobert T. Perry for plaintiff, appellant.\nReynolds, Bryant, Patterson & Covington, P.A., by Joseph B. Chambliss, Jr., for defendant, appellee."
  },
  "file_name": "0242-01",
  "first_page_order": 270,
  "last_page_order": 272
}