Quantcast

Tag Archives: findings of fact

Workers’ Compensation – Extent of Injuries – Findings of Fact (access required)

McAdams v. Safety Kleen Systems, Inc. Judge Bryant noted in her dissent that the Industrial Commission had already evaluated plaintiff’s seemingly disparate descriptions of the accident and that the Commission’s findings of fact and conclusions were supported by the record. For the reasons stated in the dissenting opinion, we reverse the Court of Appeals’ decision, which would have remanded to the Industrial Commission for further findings.

Read More »

Criminal Practice – Juvenile – Motion to Suppress – Findings of Fact – Admission – Disposition Warning (access required)

In re N.J.The trial court failed to state its rationale for denying the juvenile’s motion to suppress the statement he made to the police. We remand for entry of findings of fact and conclusions of law relating to the denial of the juvenile’s motion to suppress.

Read More »

Municipal – Zoning – Special Use Permit – Findings of Fact (access required)

Templeton Properties, L.P. v. Town of Boone On a prior appeal, we remanded so the respondent-town’s board of adjustment could make reviewable findings of fact based on its 2007 public hearings. Instead, the board allowed new testimony from opponents of petitioner’s application for a special use permit -- while not allowing new testimony from petitioner -- and made findings of fact that were obviously influenced by the new testimony.

Read More »

Workers’ Compensation – Extent of Injuries – Findings of Fact (access required)

McAdams v. Safety Kleen Systems, Inc. Where the parties dispute the extent and type of plaintiff’s work-related injuries, we remand since the Industrial Commission failed to make findings of fact as to the circumstances of plaintiff’s accident and relied upon testimony of doctors who may have been provided with an inaccurate account of plaintiff’s accident.

Read More »

Contract – Findings of Fact – Conclusions of Law – Necessary Party – Competent Evidence – Breach of Contract – Legal Services – Attorney’s Fees (access required)

Trachtman Law Firm, PLLC v. Csapo. (Lawyers Weekly No. 11-16-0431, 15 pp.) (Rick Elmore, J.) Appealed from Wake County District Court. (Lori Christian, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding:  The trial court ...

Read More »

Workers’ Compensation – Statute of Limitations – Findings of Fact – Conclusions of Law – Causation (access required)

Busque v. Mid-America Apartment Communities. (Lawyers Weekly No. 11-07-0203, 19 pp.) (John C. Martin, Ch.J.) Appealed from the Industrial Commission. N.C. App. Click here for the full text of the opinion. Holding: Where the Industrial Commission’s findings of fact fully ...

Read More »

Domestic Relations – Attorney’s Fees – Judicial Notice – Reasonable Hourly Rate – First Impression – Findings of Fact – Insufficient Funds to Defray Costs (access required)

Simpson v. Simpson. The trial court erred when it concluded that it was precluded from taking judicial notice of the customary rate of local attorney's fees in connection with motions for attorney's fees brought under G.S. § 50-13.6. The parties . . .

Read More »

Workers’ Compensation – Findings of Fact – Preexisting Conditions – Maximum Medical Improvement – Incapacity to Earn – Burden of Proof (access required)

Harrell v. General Electric. (Lawyers Weekly No. 11-16-0040, 11 pp.) (Robert C. Hunter, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Click here for the full text of the opinion. Holding:  The commission did not err when it based ...

Read More »