NO. COA02-1578
NORTH CAROLINA COURT OF APPEALS
Filed: 4 November 2003
GREENFIELD MISSIONARY BAPTIST
CHURCH and REVEREND RICHARD E.
JACKSON,
Plaintiffs,
v
.
Granville County
No. 02 CVS 96
No. 01 CVD 336
ROBERT L. HAWKINS, HAROLD LAWRENCE,
JOHNNY E. TANNER, SR., and WILLIAM
H. TANNER, SR.,
Defendants.
This appeal arises from consolidated lawsuits pending between
Reverend Richard E. Jackson (Rev. Jackson) and several named
deacons (the deacons) of Greenfield Missionary Baptist Church,
who are defendants-appellees in the instant action. Greenfield
Missionary Baptist Church (the Church) is a congregational church
in Granville County. In December 2000, Rev. Jackson was hired by
the deacons of the church to serve as their minister for the 2001
calendar year. In accordance with the church by-laws, Rev. Jackson
entered into a one-year employment contract. During the earlymonths of 2001, conflicts arose between the deacons and Rev.
Jackson. The factual and procedural background of this case is
summarized in detail in the opinion of this Court in
Greenfield
Missionary Baptist Church, et al., v. Jackson, ___ N.C. App. ___,
___ S.E.2d ___ (No. 02-1376, filed ___ October 2003). Here, we are
only concerned with an award of attorney's fees contained in an
order filed 14 August 2002 from which Rev. Jackson appeals. For
the reasons discussed here, we vacate the award of attorney's fees.
The general rule regarding attorney's fees is that each party
bears its own costs, regardless of which may have prevailed.
[O]rdinarily attorneys fees are not recoverable either as an item
of damages or of costs, absent express statutory authority for
fixing and awarding them.
United Artists Records, Inc. v. Eastern
Tape Corp., 18 N.C. App. 183, 187, 196 S.E.2d 598, 602,
cert.
denied, 283 N.C. 666, 197 S.E.2d 880 (1973);
see also Lee Cycle
Ctr., Inc. v. Wilson Cycle Ctr., Inc., 143 N.C. App. 1, 13, 545
S.E.2d 745, 752,
affirmed, 354 N.C. 565, 556 S.E.2d 293 (2001).
Examples of statutes authorizing attorney fee awards include N.C.
Gen. Stat. § 19-8 (award of attorney's fees and costs in a public
nuisance action), N.C. Gen. Stat. § 75-16.1 (award of attorney fees
for unfair methods of competition and unfair or deceptive acts or
practices in or affecting commerce), and N.C. Gen .Stat. § 6-21.1
(award of attorney's fees in certain personal injury, property
damage and insurance cases). Here, however, neither defendants-
appellees motion for attorney's fees nor the court's order awardingthose fees specifies the statutory basis for the order, and this
Court has not found one.
Further, whether to award attorney's fees under statutory
authority is generally in the trial court's discretion. Thus, in
order to permit review, an award of attorney's fees usually
requires that the trial court enter findings of fact as to the time
and labor expended, skill required, customary fee for like work,
and experience or ability of the attorney based on competent
evidence.
Couch v. Private Diagnostic Clinic, 146 N.C. App. 658,
672, 554 S.E.2d 356, 366 (2001),
disc. review denied, 355 N.C. 348,
563 S.E.2d 562 (2002). The order awarding attorney's fees in this
case, however, does not include sufficient findings to reveal the
rationale for the court's decision so as to permit appellate
review.
Thus, because the trial court's award of attorney's fees is
not based on statutory authority and because the court failed to
make sufficient findings to support its award, we vacate that part
of the 14 August 2002 order awarding attorney's fees.
Vacated.
Judges WYNN and CALABRIA concur.
Report per Rule 30(e).
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