Rockwell v. Rockwell

PARKER, Judge.

In her first assignment of error, defendant contends the court erred in finding as fact that plaintiff had no obligation to presently designate defendant as beneficiary under the annuity plan. This more closely resembles a conclusion of law. A finding which is designated as a finding of fact, but in character is essentially a conclusion of law, will be treated as a conclusion of law on appeal, Britt v. Britt, 49 N.C. App. 463, 271 S.E. 2d 921 (1980), and is reviewable de novo upon appeal. Humphries v. City of Jacksonville, 300 N.C. 186, 265 S.E. 2d 189 (1980).

The parties’…