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House v. Stone6/4/2002
orn testimony or a written affidavit for the information in the attorney's argument to be considered by the trial court. N.C.R. App. P. 28(b)(5) requires that an appellant's argument "contain citations of the authorities upon which appellant relies."
Further, although plaintiff contends that because an argument is not under oath and thus opposing counsel is not afforded the opportunity to cross-examine inaccurate or incomplete "facts" injected by way of argument by counsel, the trial court's order does not show that plaintiff objected to oral statements of opposing counsel. As defendant points out, our Court in Blackmon v. Bumgardner, 135 N.C. App. 125, 130, 519 S.E.2d 335, 338 (1999), noted that the trial court had considered the arguments of counsel in exercising its discretion to deny a request for attorney's fees. See also Stilwell v. Gust, ___ N.C. App. ___, 557 S.E.2d 627 (2001) (trial court reviewed entire record, including arguments of counsel, in awarding attorney fees). This assignment of error is overruled.
Having determined that the trial court failed to make sufficient findings for our review under Washington, we need not address plaintiff's third assignment of error that the trial court abused its discretion in failing to award attorney's fees. Reversed and remanded for additional findings consistent with this opinion.
Judges WALKER and BIGGS concur.
Report per Rule 30(e).
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