Smith v. Smith

BRITT, Judge.

Defendant contends that the trial court did not make sufficient findings of fact to support his conclusions of law and judgment awarding plaintiff permanent alimony. The contention has merit.

G.S. 1A-1, Rule 52(a)(1) provides: “In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.”

Among other things the trial court made insufficent findings as to plaintiff being a dependent spouse and the ability of defendant to make…