WELLS, Judge.
Defendant's brief contains a section which is denominated, "Motion to dismiss and Defendant-Appellee's Brief." The record on appeal contains no motion to dismiss filed in accordance with Rule 37 of the North Carolina Rules of Appellate Procedure. Therefore, we decline to address the motion as presented in defendant's brief.
Plaintiff assigns error to finding of fact seven of the trial court's order. Finding of fact seven is as follows:
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