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.

Tagged with: findings of fact Workers Compensation

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.

Tagged with: Criminal Practice findings of fact juvenile Motion to Suppress

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.

Tagged with: findings of fact Municipal special-use permit Zoning

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.

Tagged with: findings of fact Workers’ Compensation

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 ...

Tagged with: attorney's fees Breach of Contract conclusions of law Contract findings of fact Wake County

Edwards v. County of Bladen. (Lawyers Weekly No. 11-16-0292, 10 pp.) (Cressie H. Thigpen Jr., J.) Appealed from Bladen County Superior Court. (Gregory A. Weeks, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: A ...

Tagged with: Bladen County findings of fact Municipal special-use permit

In re J.M.D. (Lawyers Weekly No. 11-07-0271, 15 pp.) (Donna S. Stroud, J.) Appealed from Greene County District Court. (R. Les Turner, J.) N.C. App. Click here for the full text of the opinion. Holding: When a neglected juvenile has ...

Tagged with: Domestic Relations findings of fact

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 ...

Tagged with: Causation conclusions of law findings of fact Statute of Limitations Workers Compensation

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 . . .

Tagged with: attorney's fees Cabarrus County Domestic Relations findings of fact first impression

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 ...

Tagged with: burden of proof findings of fact maximum medical improvement Workers Compensation