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NO. COA07-1152 NORTH CAROLINA COURT OF APPEALS Filed: 18 March 2008 CECI AUSTIN, Plaintiff, v. BALD II, L.L.C., Defendant. Pasquotank County No. 05 CVS 913

Appeal by Plaintiff and Defendant from judgment entered 2 April 2007 and order entered 25 April 2007 by Judge Quentin T. Sumner in Pasquotank County Superior Court. Appeals 20 February 2008. Heard in the Court of

Court of Appeals Slip Opinion

C. Everett Thompson, II, for Plaintiff-Appellant. Wills & Wills, P.C., by Gregory E. Wills, for DefendantAppellant. ARROWOOD, Judge. Bald II, L.L.C., (Defendant), owned and operated by Dr. Francis A. Bald (Dr. Bald) appeals from judgment entered on 2 April 2007 awarding Plaintiff damages in the amount of $1.00, and

ordering Defendant to remove the ten foot wooden fence and erect a new fence no higher than six feet. This judgment was based upon

a jury verdict determining that Defendant erected a spite fence along Ceci Austin's (Plaintiff's) property. On 5 April 2007 Plaintiff filed a motion for new trial on the issue of punitive damages, which the trial court denied. From the

-2judgment and order, Plaintiff also appeals. We affirm the trial

court's judgment in part and remand in part for a new trial on the issue of punitive damages. Plaintiff owns a home in Elizabeth City in Pasquotank County, and Defendant owns the adjoining property, upon which Riverwind Apartments (Riverwind) is located. (Bald), managed Riverwind. Dr. Bald's son, Steven Bald

In 2005, Defendant planned to build

additional condominiums on the property next to Riverwind

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South Carolina Law