Legal Opinion

Chloride, Inc. v. Honeycutt

Court of Appeals of North Carolina

Decided December 18, 1984No. 8419SC452PublishedCited by 6 opinions

1Opinion of the Court

JOHNSON, Judge.

Plaintiff contends that the court erred by failing to make specific findings of fact as required by G.S. 1A-1, Rule 52(a)(1). We agree. Other than three jurisdictional-type fact findings, the court’s “findings of fact” in the present case consisted of recapitulations of the testimony of the witnesses and of the exhibits, produced by both parties. The court’s “conclusions of law” consisted of statements that plaintiff failed to carry its burden of proof on various issues.

G.S. 1A-1, Rule 52(a)(1) provides that “[i]n all actions tried upon the facts without a jury . . . the court…

2Cases cited5 opinions

  1. Coble v. CobleSupreme Court of North Carolina · 1980
  2. FARMERS BANK, ETC. v. Michael T. Brown DistributorsSupreme Court of North Carolina · 1983
  3. Davis v. DavisCourt of Appeals of North Carolina · 1971
  4. Kraemer v. MooreCourt of Appeals of North Carolina · 1984
  5. Lowe's of Winston-Salem, Inc. v. ThompsonCourt of Appeals of North Carolina · 1975

3Cited by6 opinions

  1. Matter of WhiteCourt of Appeals of North Carolina · 1986
  2. Musselwhite v. CheshireCourt of Appeals of North Carolina · 2019
  3. Huffman v. Moore CountyCourt of Appeals of North Carolina · 2007
  4. Lee v. LeeCourt of Appeals of North Carolina · 1985
  5. State v. TravisCourt of Appeals of North Carolina · 2016

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