While the trial court must make adequate findings of fact based on the whole record to support an award of attorney's fees, "detailed findings are not required for each factor." See Tew v. West, 143 N.C.App. 534, ----, 546 S.E.2d 183, 185 (2001). Additionally, a trial court's ruling on a motion for attorney's fees under section 6-21.1 "will not be disturbed on appeal absent a showing of abuse of discretion."
In the present case, reasonable attorney fees qualify as part of the costs. See Tew v. West, 143 N.C. App. 534, 546 S.E.2d 183 (2001); and N.C. Gen. Stat. § 6-21 (1999). Before plaintiffs filed suit, defendant offered to settle the case for $1,650.00, and later made an offer of judgment in the amount of $1,718.00.
Detailed findings as to each factor are not necessary. See Tew v. West, 143 N.C. App. 534, 537, 546 S.E.2d 183, 185 (2001). A trial court's findings of fact are binding on appeal if supported by competent evidence.
However, the trial court need not make detailed findings as to each Washington factor. Tew v. West, 143 N.C.App. 534, 536–37, 546 S.E.2d 183, 185 (2001). To support the contention that the trial court did not consider the whole record, Defendant asserts that the trial court did not consider Plaintiff's refusal of three reasonable pretrial offers, and the large award of “$39,000 to $55,000” Plaintiff requested before trial.
However, the trial court is not required to make detailed findings of fact as to each factor. Tew v. West, 143 N.C.App. 534, 537, 546 S.E.2d 183, 185 (2001) . Instead, the trial court is required only to make the additional findings necessary to preserve its ruling on appeal. Thorpe, 144 N.C.App. at 573, 551 S.E.2d at 857 .
However, the trial court is not required to make detailed findings of fact as to each factor. Tew v. West, 143 N.C. App. 534, 537, 546 S.E.2d 183, 185 (2001). Instead, the trial court is required only to make the additional findings necessary to preserve its ruling on appeal. Thorpe, 144 N.C. App. at 573, 551 S.E.2d at 857.
The trial court's failure to make a finding as to Defendant's exercise of unfair bargaining power is not grounds for reversal. See Tew v. West, 143 N.C. App. 534, 537, 546 S.E.2d 183, 185 (2001) (upholding fee award where the court's findings omitted whether the defendant exercised superior bargaining power). Further, it is well established that where an insurance company is not a named defendant, there is no requirement that the trial court make an "unwarranted refusal" finding in order to award attorneys' fees. Furmick, 154 N.C. App. at 464, 573 S.E.2d at 175; Washington, 132 N.C. App. at 350, 513 S.E.2d at 334.
However, the trial court is not required to make detailed findings of fact as to each factor. Tew v. West, 143 N.C. App. 534, 537, 546 S.E.2d 183, 185 (2001). Instead, the trial court is required only to make the additional findings necessary to preserve its ruling on appeal. Thorpe, 144 N.C. App. at 573, 551 S.E.2d at 857.
While a "[m]ere recitation by the trial court that it has considered all [the] Washington factors" without making additional findings of fact is inadequate, id. at 572, 551 S.E.2d at 857, "the trial court is not required to make detailed findings for each factor." Id. (citing Tew v. West, 143 N.C. App. 534, 546 S.E.2d 183 (2001)). The trial court must only make findings with respect to "those facts matching th[e] Washington factors apposite to the instant case."
Although the trial court's findings, supported by competent evidence, must be sufficient to allow for meaningful appellate review, detailed findings as to each factor are not necessary. See Tew v. West, 143 N.C. App. 534, 537, 546 S.E.2d 183, 185 (2001); Fortune Ins. Co. v. Owens, 351 N.C. 424, 428, 526 S.E.2d 463, 466 (2000). I Settlement Offers Prior to Lawsuit