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Vazquez v. Allstate Insurance Co.5/2/2000
issue fully. Garlock, 112 N.C. App. at 247, 435 S.E.2d at 116. The decision of whether to award attorney fees is in the trial court's discretion. Here, defendant argues only that because the award for unfair and deceptive trade practices was erroneous, the award of attorneys fees must also be erroneous. Defendant makes no other arguments as to why we should reverse the award for attorneys fees. Accordingly, since we determined that the award for unfair and deceptive trade practices was without error, defendant's argument is not persuasive.
We also note that the trial court here took evidence as to the reasonableness of the attorneys fees. The court concluded that the fees were reasonable due to the attorneys' experience, positions within their respective firms, and the comparable hourly rates for attorneys in the Charlotte area. See United Laboratories Inc., 335 N.C. at 195, 437 S.E.2d at 381. Based on these findings, we hold that the trial court did not abuse its discretion in its attorney fee award.
Next, defendant assigns as error the trial court's denial of his motion to continue. We disagree. The grant or denial of a motion to continue is within the trial court's sole discretion. Melvin v. Mills- Melvin, 126 N.C. App. 543, 545, 486 S.E.2d 84, 85 (1997). Absent an abuse of that discretion, we will affirm the trial court's decision. Id.
Prior to trial, plaintiff's counsel, James Chandler, withdrew from the plaintiff's representation due to his anticipated testimony against the defendant. Defendant filed a motion to continue alleging that it did not have ample opportunity to prepare for Mr. Chandler's testimony. Additionally, defendant claimed that Mr. Chandler's withdrawal unfairly surprised him. The record indicates otherwise. While arguing for his motion, defense counsel repeatedly stated that "they cannot make out their case without Mr. Chandler's testimony." These statements tend to show that defense counsel expected Mr. Chandler to testify even prior to the plaintiff's motion to withdraw. Additionally, the record indicates that defense counsel deposed Mr. Chandler before the beginning of Phase II and thus had adequate time to prepare for the witness's testimony. In light of these facts, we hold that the defendant has shown no prejudice and that the trial court did not abuse its discretion. We have examined the defendant's remaining assignments of error and find them to be without merit.
For the foregoing reasons the judgment of the trial court is
Affirmed.
Judge McGEE concurs.
Judge HORTON concurs in the result.
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