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Tag Archives: insufficient findings

Labor & Employment – Public Employees – Insufficient Findings — Personal Misconduct – Just Cause – Discipline – First Impression (access required)

Warren v. North Carolina Department of Crime Control & Public Safety The superior court purported to base its decision on the facts as found by the administrative law judge. However, the ALJ found that the Highway Patrol had failed to establish that petitioner drove a Patrol vehicle with any alcohol in his system, while the superior court found that petitioner consumed some amount of alcohol prior to driving.

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Domestic Relations – Alimony – Dependent Spouse – Unsustainable Lifestyle – Equitable Distribution –Insufficient Findings (access required)

Bodie v. Bodie The defendant-wife was unable to show that she was a dependent spouse because there is a surplus left each month, after deducting all of her expenses from her net monthly income. Even though the wife contends that this is only possible because she lowered her standard of living compared to what the parties maintained when they were married, the evidence showed that the parties had to borrow money to maintain that standard of living. The wife has cited no authority establishing that alimony may be awarded for the purpose of maintaining a lifestyle that rests upon such a shaky foundation.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Father’s Incarceration & Release – Insufficient Findings (access required)

In re G.B.R. The trial court failed to consider any evidence of changed conditions – respondent’s progress in prison, his release from prison, his employment and living conditions -- in light of the evidence of prior neglect and the probability of a repetition of neglect. Thus, the trial court’s termination of respondent’s parental rights is not supported by clear, cogent and convincing evidence.

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Domestic Relations – Parent & Child – Custody – Insufficient Findings – Civil Practice – Continuance Motion (access required)

Jerkins v. Warren In support of its award of primary physical custody to the plaintiff-father and liberal visitation to the defendant-mother, the trial court found merely that both parties “are fit and proper persons for the roles assigned herein” and that “this order is in the best interest of the minor child.” These findings do not allow us to determine whether the trial court property awarded primary physical custody of the parties’ child to the father.

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Workers’ Compensation – Disability – Insufficient Findings – Unsuitable Position Offer – Medical Treatment (access required)

Solomon v. NC State Veterans Nursing Home-FayettevilleWhere plaintiff’s medical evidence showed that she had been released to work with restrictions, it was insufficient to prove disability under the medical evidence prong of Russell v. Lowes Product Distribution, 108 N.C. App. 762, 425 S.E.2d 454 (1993).

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Criminal Practice – Sentencing – Enhancement – Perjury – Insufficient Findings (access required)

U.S. v. Perez In order to enhance a defendant’s sentence for obstruction of justice based on perjury, the sentencing court must make findings to clearly establish that a defendant gave false testimony on a material matter with willful intent to deceive. Because the trial court here failed to make the necessary findings, defendant’s enhanced sentence is reversed.

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Civil Practice – Involuntary Commitment – Form Order – Locally Modified – Insufficient Findings (access required)

In re Allison It is mandatory that the trial court record the facts which support its findings that a respondent is mentally ill and dangerous to himself or others. In this case, the trial court used a locally modified involuntary commitment form and merely checked the box stating, “Based on the evidence presented, the Court by clear, cogent and convincing evidence finds these other facts: Court Finds That The Respondent Meets Criteria For Further Inpatient Commitment.” Even though the evidence indicates that respondent is likely mentally ill and potentially dangerous to himself and others, the locally modified form did not satisfy the statutory requirement of recorded findings of fact.

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Landlord/Tenant – Civil Practice – Rule 52 – Insufficient Findings – Back Rent – Habitability (access required)

McCall v. Norman Where the trial court’s order simply states that, “by the greater weight of the evidence,” the plaintiff-landlords had failed to prove their claims for past rent and damages and the defendant-tenants had proven their counterclaims for damages to personal property, negligence, and breach of the warranty of habitability, the trial court’s order does not meet the requirements of N.C. R. Civ. P. 52(a)(1), and appellate review is not possible.

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Domestic Relations – Parent & Child – Permanency Planning Order – Insufficient Findings (access required)

In re I.R.C. In its permanency planning order, the trial court recited allegations against the respondent-mother but failed to link those allegations to the ultimate findings of fact that G.S. § 7B-507(b) requires before a court orders that reunification efforts cease. This court cannot simply infer from the findings that reunification efforts would be futile or inconsistent with the child’s health, safety, and need for a safe, permanent home where the trial court was required to make ultimate findings specially based on a process of logical reasoning.

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