Department of Transportation v. Byerly

While I concur in the majority opinion as to the issue of defendants’ business damages, I disagree that the trial court’s “mixed finding of fact and conclusion of law . . . forms an inadequate basis for this Court to conduct a review and assess appellants’ contentions.”

*459A trial court’s duty pursuant to N.C. Gen. Stat. § 1A-1, Rule 52 to find facts and state its conclusions separately “merely [serves] to provide a basis for appellate review.” Winston-Salem Wrecker Ass’n v. Barker, 148 N.C. App. 114, 119, 557 S.E.2d 614, 618 (2001) (citing Mashburn v. First Investors Corp., 111 N.C. App. 398,…