TAYLOR v. BRIGMAN

No. 8028SC741.

279 S.E.2d 82 (1981)

James R. TAYLOR and wife, Eva Louise Taylor v. William G. BRIGMAN and wife, Flossie S. Brigman; Beatrice M. Allen and husband, A. B. Allen; Seivwers Clontz, a/k/a Seivwers Ciszewski.

Court of Appeals of North Carolina.

June 16, 1981.


Attorney(s) appearing for the Case

Marvin P. Pope, Jr., Asheville, for plaintiffs-appellees.

Lawrence T. Jones, Asheville, for defendants-appellants Allen and Clontz.

Erwin, Winner & Smathers by James P. Erwin, Jr., Asheville, for defendants-appellees Brigman.


MORRIS, Chief Judge.

The judgment was in the form of a judgment entered after a hearing before the court as a trier of facts. It found facts and based on those findings of fact, made conclusions of law. We have repeatedly called to the attention of trial judges and lawyers that the court does not find facts upon a motion for summary judgment. It is completely obvious that if the court must find facts in order to make conclusions of law, there must be...

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