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FANNY LEE BROWN, Individually and as Guardian Ad Litem for SCOTTIE NOBLES, a
minor v. FLOYD TRAVIS MILLSAP
Costs_attorney fees_amount of judgment_costs and prejudgment interest_addition to
compensatory damages
The decision of the Court of Appeals that the trial court improperly added court
costs of $435 and prejudgment interest of $669.76 to the jury verdict of $9,500 in compensatory
damages to find that the judgment obtained exceeded the $10,000 limit for awarding attorney
fees under N.C.G.S. § 6-21.1 is reversed for the reason stated in the dissenting opinion that,
although the trial court erred in adding discretionary court costs to the verdict, prejudgment
interest of $669.76 should have been added because it is automatically added to the award to
compensate the prevailing party, and the $10,000 limit was thus exceeded even if court costs are
not added to the verdict.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of
the Court of Appeals, 161 N.C. App. ___, 588 S.E.2d 71 (2003), reversing a judgment signed
28 September 2002 nunc pro tunc by Judge Wiley F. Bowen in Superior Court, Columbus
County. Heard in the Supreme Court 17 March 2004.
T. Craig Wright for plaintiff-appellee.
Russ, Worth, Cheatwood & Hancox, by Philip H. Cheatwood, for defendant-
appellant.
Cranfill, Sumner & Hartzog, L.L.P., by Robert H. Griffin and Jaye
E. Bingham, on behalf of Nationwide Insurance Company, amicus
curiae.
PER CURIAM.
For the reasons stated in the dissenting opinion, we reverse the decision of the
Court of Appeals.
REVERSED.
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