CURL BY AND THROUGH CURL v. KEY

No. 533PA83.

316 S.E.2d 272 (1984)

James B. CURL, Jr., By and Through his Guardian Ad Litem, Fred CURL, Judy C. Carpenter Cummings, Patty C. Thurston, and Vicki C. Johnson v. Walter Jack KEY and wife, Margaret Key, William C. Ray, Trustee, and W. Marcus Short.

Supreme Court of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Adams, Kleemeier, Hagan, Hannah & Fouts by Walter L. Hannah and John P. Daniel, Greensboro, for plaintiffs-appellants.

H. Marshall Simpson, Greensboro, for defendants-appellees.


MARTIN, Justice.

The proper standard for review in this case is set forth in the Court of Appeals opinion: "Findings of fact made by the court in a nonjury trial have the force and effect of a jury verdict and are conclusive on appeal if there is evidence to support them, although the evidence might have supported findings to the contrary." 64 N.C.App. at 141-42, 306 S.E.2d at 820 (emphasis added).

In his role as fact finder, Judge John made, inter...

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