Factual and Procedural Background
¶ 1 Kyle Corkum (Defendant) appeals from the trial courts Order Awarding Attorneys Fees to Milone & MacBroom, Inc. (Plaintiff) under N.C. R. Civ. P. 11 related to Plaintiffs Motion to Compel responses to Plaintiffs post-judgment discovery requests in supplemental proceedings and Defendants Motion for a Protective Order. By prior Order of this Court, this appeal was consolidated for the “purpose of hearing only” under N.C.R. App. P. 40 with Defendants prior appeal in COA20-921 from the trial courts underlying Order granting Plaintiffs Motion to Compel, denying Defendants Motion for a Protective Order, and indicating the trial courts intent to award Plaintiff attorneys’ fees as a Rule 11 sanction against Defendant. See Milone & MacBroom, Inc. v. Kyle Corkum, et al., 2021-NCCOA- –––– (Milone I).
¶ 2 The underlying factual and procedural background in this case is the same as in Milone I. Subsequent to the events in Milone I, on 28 May 2020, the trial court entered a further Order Awarding Attorneys Fees to Plaintiff under N.C. R. Civ. P. 11 requiring Defendant to pay Plaintiff attorneys’ fees in the amount of $8,500.00 within 5 days of entry of the Order. Defendant filed written Notice of Appeal from the trial courts 28 May 2020 Order Awarding Attorneys Fees on 26 June 2020.
¶ 3 In Milone I, we concluded the trial court lacked subject-matter jurisdiction over these supplemental proceedings. Thus, we granted certiorari for purposes of vacating the trial courts underlying 5 March 2020 Order granting Plaintiffs Motion to Compel, denying Defendants Motion for a Protective Order, and indicating the trial courts intent to award Plaintiff attorneys’ fees as a Rule 11 sanction against Defendant. Therefore, because the trial court lacked jurisdiction to conduct supplemental proceedings and enter the underlying 5 March 2020 Order, for the same reasons it also lacked jurisdiction to enter the award of attorneys’ fees under N.C. R. Civ. P. 11 against Defendant in those same supplemental proceedings. Consequently, for the reasons set forth in our opinion in Milone I, we employ N.C.R. App. P. 2 to vary the requirements of N.C.R. App. P. 21 in order to treat Defendants appeal as a Petition for Writ of Certiorari and issue the Writ of Certiorari for purposes of vacating the trial courts 28 May 2020 Order awarding attorneys’ fees. Accordingly, the trial courts 28 May 2020 Order is vacated.
VACATED.
Report per Rule 30(e).
HAMPSON, Judge.
Judges ZACHARY and JACKSON concur.