Accordingly, the trial court's dismissal of the action is not before this Court. See N.C.R. App. Defendant first contends that the trial court erred in awarding costs because the order does not constitute a final judgment. However, as discussed above, the order clearly dismisses the action as having no justiciable issue remaining, and defendant has not assigned error to that ruling. Therefore, the order is a final judgment in this case, and it was not error for the trial court to award costs.
Defendant also argues that the trial court lacked the authority to order the amount of fees awarded.
Costs may only be awarded in accordance with statutory authority. N.C. Gen. Stat. However, expert witness fees may be recoverable as costs only when the testifying expert has been subpoenaed to appear. 107 N.C. App. We find defendant's reliance on this case to be misplaced.