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SAINZ v. SAINZ

No. 7712SC446.

245 S.E.2d 372 (1978)

36 N.C. App. 744

Flora L. SAINZ v. Anthony SAINZ.

Court of Appeals of North Carolina.

June 20, 1978.

Attorney(s) appearing for the Case

Smith, Geimer & Glusman, by Kenneth Glusman, Fayetteville, for plaintiff.

Butler, High & Baer, by Keith L. Jarvis, Fayetteville, for defendant.

BROCK, Chief Judge.

As a preliminary matter, we note that the trial court purported to make findings of fact and conclusions of law in its order. The words of Judge Morris in a recent opinion are pertinent:

"At the outset we feel compelled again to point out that it is not a part of the function of the court on a motion for summary judgment to make findings of fact and conclusions of law.... Granted, in rare situations it can be helpful for the trial court...

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