City of Statesville v. Roth

HEDRICK, Chief Judge.

General Statute 1A-1, Rule 52(a)(1) requires, in non-jury cases, that the trial judge make specific findings of ultimate facts established by the evidence, state the conclusions of law thereon, and direct entry of the appropriate judgment. Farmers Bank v. Brown Distributors, 307 N.C. 342, 298 S.E. 2d 357 (1983). These findings of fact are conclusive on appeal if there is evidence to support them, even if there is evidence which might have supported findings to the contrary. Henderson County v. Osteen, 297 N.C. 113, 254 S.E. 2d 160 (1979).

The trial judge made, in pertinent…