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Barry v. Carpenter9/17/2002
actual work performed by the attorney." Epps v. Ewers, 90 N.C. App. 597, 600, 369 S.E.2d 104, 105 (1988); In re Estate of Tucci, 104 N.C. App. 142, 155-56, 408 S.E.2d 859, 868 (1991), disc. review improvidently allowed, 331 N.C. 749, 417 S.E.2d 236 (1992).
" o determine if an award of counsel fees is reasonable, 'the record must contain findings of fact as to the time and labor expended, the skill required, the customary fee for like work, and the experience or ability of the attorney' based on competent evidence." Brockwood Unit Ownership Assn. v. Delon, 124 N.C. App. 446, 449-50, 477 S.E.2d 225, 227 (1996) (quoting West v. Tilley, 120 N.C. App. 145, 151, 461 S.E.2d 1, 4 (1995)). The affidavit of plaintiff's counsel details the work performed in plaintiff's case between 8 May 1999 and 22 May 2001. Counsel devoted 41.05 hours to the case at a billing rate of $165 per hour. Counsel represented that the "hourly rate is at or below what similarly situated attorneys charge in this area." The trial court's fee award tracks the total fee reflected on the affidavit and is, therefore, supported by competent evidence. Defendant offered no conflicting evidence of the customary fee in such a case, the reasonableness of the hours devoted to the case by plaintiff's counsel, or the reasonableness of counsel's hourly rate.
In his remaining assignment of error, defendant argues the trial court erred in considering the outcome of the arbitration proceeding in ruling on plaintiff's attorney's fee request. Defendant did not object to this evidence in the trial court andhas not preserved the issue for appellate review. See State v. Campbell, 296 N.C. 394, 399, 250 S.E.2d 228, 231 (1979).
We affirm the trial court's judgment.
Affirmed.
Judges WYNN and CAMPBELL concur.
Report per Rule 30(e).
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