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Ward v. Floors Perfect8/6/2002
arded under N.C. Gen. Stat. ยง 97-88.1, " he test is not whether the defense prevails, but whether it is based in reason rather than in stubborn, unfounded litigiousness." Sparks v. Mountain Breeze Restaurant, 55 N.C. App. 663, 665, 286 S.E.2d 575, 576 (1982). Defendants' position was sustained by the Full Commission, and itwas plaintiff who appealed the opinions and awards of Deputy Commissioner Cramer and the Full Commission. After reviewing the record below, it appears defendants were simply defending against plaintiff's claim and did not act in a stubborn or unfounded manner; rather, defendants' attorneys acted as zealous advocates for their clients. As for plaintiff's contention that the Full Commission failed to make required findings of fact, we note that, in order for the Full Commission to award attorney's fees, it would have had to make findings of fact that defendants' decision to defend the lawsuit was based on stubborn, unfounded litigiousness. The evidence does not support such findings of fact. Accordingly, plaintiff's final assignment of error is overruled.
After careful examination of the record and the arguments presented by the parties, the decision of the Full Commission denying plaintiff's claim is Affirmed.
Chief Judge EAGLES and Judge BIGGS concur.
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