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NO. COA99-1090 NORTH CAROLINA COURT OF APPEALS Filed: 15 August 2000 LAYLA MOHAMAD, Plaintiff, v. DOREENA SHAPIALLE SIMMONS, and GARY SIMMONS, Defendants. Appeal by defendants from order entered 16 April 1999 by Judge Fritz Y. Mercer in Mecklenburg County District Court. Heard in the Court of Appeals 8 June 2000. Law Offices of Michael A. DeMayo, L.L.P., by Frank F. Voler, for plaintiff-appellee. Kenneth M. Gondek and Steven J. Colombo, for defendantsappellants. JOHN, Judge. Defendants Doreena Shapialle Simmons and Gary Simmons appeal the trial court's 16 April 1999 order (the Order) allowing

plaintiff Layla Mohamad's "Motion to Enforce Arbitration Award and/or Attorney Fees and Expenses" and denying defendants' "Motion for Imposition of Sanctions." We affirm.

Pertinent facts and procedural history include the following: On 10 May 1996, plaintiff and Doreena Simmons were involved in an automobile collision. Plaintiff subsequently complained of back

pain and was examined by her physician and thereafter treated by a chiropractor, accumulating total bills in the amount of $1,730.00. Plaintiff subsequently filed the instant complaint 23 April 1998, alleging the negligence of Doreena Simmons proximately caused the

-2collision and damages to plaintiff in an amount not in excess of $10,000.00. The case was assigned to mandatory non-binding arbitration pursuant to the North Carolina Court-Ordered Arbitration Rules 1(a) and 8(a) (1999) (hereinafter N.C. Arb. R. or the Rules). N.C.G.S.

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