DEPARTMENT OF TRANSP. v. FULLER

No. 8428SC1008.

332 S.E.2d 87 (1985)

DEPARTMENT OF TRANSPORTATION v. Aletha FULLER; Johnnie Fuller, Jr. and wife, if any, Mrs. Johnnie Fuller, Jr.; Charles Edward Fuller; Kenneth Mapps and wife, Mrs. Kenneth Mapps; County of Buncombe; City of Asheville; and Peter L. Roda, Trustee.

Court of Appeals of North Carolina.

July 16, 1985.


Attorney(s) appearing for the Case

Long, Howell, Parker & Payne, P.A. by Ronald K. Payne, Asheville, for plaintiff-appellee.

Jack W. Westall, Jr., P.A. by Kathy G. Lindsey, Asheville, for defendant-appellant.


PARKER, Judge.

Defendant Aletha Fuller did not take exception to any of the trial judge's findings of fact; therefore, the sole question raised on this appeal is whether the trial judge's findings of fact and conclusions of law support the judgment. Rule 10(a), Rules of Appellate Procedure.

The trial judge made the following findings of fact, in pertinent part:

5. That the property condemned in the original Complaint filed by the Department of Transportation...

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