FAZ OF RTP, LLC v. 55 & ALLENDOWN, LLC

The majority holds that the trial court did not err in concluding plaintiff defaulted under the rental payment terms of the lease and amendment. I respectfully dissent.

Where a trial court sitting without a jury enters a declaratory judgment, the trial court's findings of fact are reversible on appeal if not supported by competent evidence. Miesch v. Ocean Dunes Homeowners Assn., 120 N.C.App. 559, 562, 464 S.E.2d 64, 67 (1995). The trial court's finding of fact, that the lease and amendment limited the expenses deductible from the rent calculation to those expenses physically incurred on the…