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SMITH v. BURGESS

No. 8328DC1200.

324 S.E.2d 53 (1985)

Sandra Burgess SMITH v. Jean BURGESS and Eugene Burgess.

Court of Appeals of North Carolina.

January 15, 1985.

Attorney(s) appearing for the Case

Ronald E. Sneed, Black Mountain, for plaintiff-appellee.

Bennett, Kelly & Cagle by Harold K. Bennett, Asheville, for defendants-appellants.

PHILLIPS, Judge.

In child custody cases it is fundamental that if the trial court's findings of fact do not support its conclusions of law the order resting thereon must be vacated and the cause remanded for a new hearing. Green v. Green, 54 N.C. App. 571, 284 S.E.2d 171 (1981). The trial court's pertinent findings of fact in this case were as follows:

3. On 9 March 1975, Paula Michelle Burgess was born to the plaintiff...

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