Preiss v. Wine & Design Franchise, LLC

Summary

The North Carolina Supreme Court affirmed an order imposing sanctions under North Carolina Rule of Civil Procedure 37(d) after plaintiffs’ counsel failed to appear at a court-ordered deposition. The court held that the mistaken belief about the deposition time did not substantially justify the failure to appear and upheld an award of $4,100 in attorneys’ fees and costs against counsel individually.

Holdings

1. The trial court properly sanctioned plaintiffs' counsel under Rule 37(d) for failing to appear at the court-ordered deposition.
2. The $4,100 award of attorney fees and costs was reasonable and properly awarded.

Questions Presented

1. Whether the trial court properly imposed sanctions under North Carolina Rule of Civil Procedure 37(d) for plaintiffs' counsel's failure to appear at a court-ordered deposition.
2. Whether the award of $4,100 in attorney fees and costs was authorized and supported by sufficient evidence.

Disposition

affirmed