Fletcher v. Jones

Like the Court of Appeals, I am convinced that:

The trial court made findings of fact concerning the passage of time between the March closing date and the time of defendant’s termination, but made no adequate findings of fact or conclusions of law concerning whether a reasonable time had elapsed. Because the trial court failed to apply the proper legal standard to the facts in reaching its judgment, the case must be remanded for further proceedings ....

Fletcher v. Jones, 69 N.C. app. 431, 436, 317 S.E. 2d 411, 415 (1984). Therefore, I dissent from that portion of the opinion of the majority…