HEDRICK, Judge.
The respondent sets forth three assignments of error on appeal. First, he contends that the Superior Court erred in failing to state findings of fact in its order. Under Rule 52(a)(1) of the North Carolina Rules of Civil Procedure, a judge is required to state findings of fact "[i]n all actions tried upon the facts...." However, in the present case the Superior Court judge was not trying the action upon the facts; instead, the Superior Court judge...
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