AMICK v. SHIPLEY

No. 7818SC1128.

259 S.E.2d 329 (1979)

43 N.C. App. 507

Robert G. AMICK, and wife, Martha S. Amick v. Martha M. SHIPLEY, Administratrix of the Estate of Jimmy Shipley, Samuel McKarem and SMB Management Co., Inc.

Court of Appeals of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Wilson & Redden by Charles R. Redden, Winston-Salem, for plaintiffs-appellees.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter, James C. Frenzel, and Chris A. Rallis, Winston-Salem, for defendants-appellants.


ERWIN, Judge.

Defendants contend that the trial court erred in making findings of fact without any evidence introduced by the plaintiffs in support of those findings. We agree for a different reason. In entering its judgment, the trial court relied on the purported stipulation of facts contained in the pretrial order and based its findings of fact thereon. It does not appear of record that the stipulations reduced to writing were signed by respective counsel, and...

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