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Tag Archives: insufficient findings

Domestic Relations – Constitutional — Parent & Child – Custody – Paternal Grandparents – Insufficient Findings – Subject Matter Jurisdiction (access required)

Powers v. Wagner Although the defendant-mother left her son with his paternal grandparents for two years, the trial court failed to make findings as to whether the mother intended for the arrangement to be temporary or permanent. The trial court should not have proceeded to the issue of the child’s best interests before ruling on the issue of the mother’s intentions. We vacate the order granting custody to the grandparents and remand for further proceedings.

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Civil Practice – Involuntary Commitment – Criminal Practice – Danger to Others – Insufficient Findings (access required)

In re Church Even though there was testimony suggesting respondent may have been responsible for his wife’s shooting death, the trial court made no finding that respondent had committed a homicide in the relevant past, had actually inflicted or threatened to inflict serious bodily harm on any person at any time, or would probably behave in such a way in the future. Thus, the trial court failed to make the findings required to establish that respondent is dangerous to others under G.S. § 122C-3(11)b. We reverse the order involuntarily committing respondent.

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Workers’ Compensation – Causation – Dermatitis – Disability – Insufficient Findings (access required)

Tincher v. Adecco The Industrial Commission’s conclusion that plaintiff’s dermatitis was a compensable occupational disease is supported by its assessment of the credibility of the expert witnesses and its finding of fact: “Based on the sudden onset of plaintiff’s rash after he commenced work on the older lathe in November 2007, the location of the rash in the area where plaintiff’s skin was exposed to [Quakercool 3750], the prompt reporting of the rash to a supervisor ..., plaintiff’s consultation with a medical care provider on February 2, 2007 regarding his symptoms, the lack of any evidence that the rash was fungal or that plaintiff suffered from similar symptoms prior to his exposure to [Quakercool 3750] ..., the general opinions of Dr. Highley and Ms. Reynolds, the fact that [other doctors] restricted plaintiff from working with the ‘offending substance,’ and Dr. Lawson’s opinion that plaintiff’s dermatitis was ‘probably related to [Quakercool 3750],’ the undersigned finds that plaintiff’s work-related exposure to the industrial coolant either caused or significantly contributed to his chronic dermatitis on both hands beginning approximately on November 1, 2007.”

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Domestic Relations – Equitable Distribution – Alimony – Child Support – Insufficient Findings (access required)

Robinson v. Robinson. (Lawyers Weekly No. 11-07-0276, 27 pp.) (John C. Martin, Ch.J.) Appealed from Guilford County District Court. (Wendy M. Enochs, J.) N.C. App. Click here for the full text of the opinion. Holding: After a hearing at which ...

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Criminal Practice – DWI – Motion to Suppress – Traffic Stop – Reasonable Suspicion – Conflicting Accounts – Insufficient Findings (access required)

State v. Derbyshire. (Lawyers Weekly No. 10-16-1077, 5 pp.) (Cheri Beasley, J.) Appealed from Wake County Superior Court. (Abraham P. Jones, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: At the hearing on defendant’s ...

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Domestic Relations – Post-Separation Support – Wife’s Expenses – Alimony – Duration – Wife’s Income – Insufficient Findings (access required)

Crocker v. Crocker. The trial court could consider evidence it heard in the parties' child custody hearing in determining the family's standard of living for purposes of post-separation support. Since the trial court's findings relegate the defendant-husband to a lower standard of living than he enjoyed during the parties' marriage, such findings do not form a basis for appeal by the plaintiff-wife.

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Domestic Relations – Alimony – Insufficient Findings – Expenses – Ability to Pay – Duration (access required)

Fennell v. Fennell. Because the trial court failed to make sufficient findings of fact to support its conclusion that the plaintiff-wife is entitled to alimony and to explain the manner and duration of the ordered payments, we cannot effectively review the alimony order on appeal.

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