Lowe's Charlotte Hardware, Inc. v. Howard

HEDRICK, Judge.

Defendants contend “ [t] he decision of the Superior Court to set aside the original judgment was based on findings of fact not supported by the evidence, and by the refusal to find facts' supported by competent, uncontradicted evidence.”

Findings of fact made by a trial court, if supported by any competent evidence, are binding on appeal even though there is evidence to the contrary. Cogdill v. Highway Comm. and Westfeldt v. Highway Comm., 279 N.C. 313, 182 S.E. 2d 373 (1971) ; Kirby v. Contracting Co., 11 N.C. App. 128, 180 S.E. 2d 407 (1971), cert. denied 278 N.C. 701 (1971).…