Cole v. Cole

ARNOLD, Judge.

The issue which determines this appeal is whether the district judge’s findings of fact support his conclusion of law that the defendant is the biological father of Jonathan Derrick Cole. See Moore v. Deal, 239 N.C. 224, 228, 79 S.E. 2d 507, 510 (1954). We hold that they do not.

The findings of fact read, in pertinent part:

4. Jonathan Derrick Cole was born to Dorothy Lesniak Cole [plaintiff] on September 10, 1982; present age approx. IV2 yrs. old.

7. The parties were married on April 19, 1970.

12. Husband noticed, with at first annoyance and later with strong objection, that…