Appeal by plaintiffs from order entered 7 May 1997 by Judge Raymond A. Warren in Henderson County Superior Court. Heard in the Court of Appeals 4 December 1997. Law Offices of E. K. Morley, by E. K. Morley, for plaintiffs-appellants.
Plaintiffs appeal the trial court's judgment, raising several assignments of error.
On 24 October 1994, Wells and Perry each signed extensive and broad powers of attorney drafted by defendant and naming him attorney in fact. Defendant admittedly used these documents to take virtual control and administration of the entire personal estate of both Wells and Perry. Plaintiffs filed the instant complaint 11 September 1995, alleging, inter alia, that defendant breached his fiduciary duty by using the power of attorney to convert to his own use a substantial portion of the assets of Wells. Plaintiffs unconditionally accepted the offer 25 April 1997, and on the same day moved the court for an order of final judgment doubling the settlement amount. From this order, plaintiffs appeal.