Laughter v. Lambert, No. 7129DC63
Decision Date | 28 April 1971 |
Docket Number | No. 7129DC63 |
Court | North Carolina Court of Appeals |
Parties | Jerry S. LAUGHTER v. James Leon LAMBERT and Quality Transport Company. |
Boyd B. Massagee, Jr., Hendersonville, for plaintiff appellee.
Clarence N. Gilbert, Asheville, for defendants appellants.
By appropriate exceptions and assignments of error appellants challenge the sufficiency of the evidence to withstand their motions for dismissal and to support the trial court's findings of fact Nos. 7 and 8 and the conclusions of law and resulting judgment based thereon. When trial by jury is waived and issues of facts are tried by the court, the court is required to 'find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.' Rule 52(a)(1) of the Rules of Civil Procedure. In such case the court's findings of fact Knutton v. Cofield, 273 N.C. 355, 160 S.E.2d 29.
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Romulus v. Romulus
...not convincing to the trial court. The credibility of a witness is a matter to be resolved by the trier of fact. Laughter v. Lambert, 11 N.C.App. 133, 180 S.E.2d 450 (1971). Upon appellate review of a case heard without a jury the trial court's findings of fact are conclusive on appeal if t......
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Chase Dev. Group v. Fisher
...of the witnesses and other evidence, and also determines the weight to be given to each piece of evidence. Laughter v. Lambert, 11 N.C.App. 133, 136, 180 S.E.2d 450, 452 (1971). On appeal, if there is evidence in the record to support a finding of fact, it is binding upon the appellate cour......
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Russo v. Russo
...the record also contains evidence supporting those findings. They are, therefore, binding on appeal. See Laughter v. Lambert, 11 N.C. App. 133, 137, 180 S.E.2d 450, 452 (1971) ("[C]redibility, contradictions, and discrepancies are all matters to be resolved by the trier of the facts."). Non......
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Heilman v. Heilman
...there is evidence to support them, even though the evidence might sustain a finding to the contrary. . . . " Laughter v. Lambert, 11 N.C.App. 133, 136, 180 S.E.2d 450, 452 (1971). For this reason, I would affirm the trial ...