Zimmerman's Department Store, Inc. v. Shipper's Freight Lines, Inc.

HEDRICK, Judge.

We first note plaintiffs failure to comply with Rule 28, North Carolina Rules of Appellate Procedure, with respect to preparation of its brief. We also note that the trial judge made detailed findings of fact, which are unnecessary and often inappropriate in ruling on a motion for summary judgment. The recitals of the trial court in its order indicate that the motion for summary judgment was made orally, “in open court,” immediately following the final pre-trial conference. Indeed, the “Order on Final Pre-Trial Conference” states:

10. There are no pending motions, and neither…