TIMOTHY HOLCOMB,
Plaintiff,
v. Harnett County
No. 02 CVD 200
JESSE W. JONES,
Defendant.
Timothy Holcomb, pro se.
Jesse W. Jones, pro se.
STEELMAN, Judge.
Defendant, Jesse W. Jones, appeals a judgment ordering him to
pay plaintiff, Timothy Holcomb, the sum of $2,642.00 plus costs and
interest. For the reasons discussed herein, we vacate and remand
this case to the trial court.
Defendant represented a client in a personal injury claim.
Plaintiff rendered chiropractic services for the client. Defendant
negotiated an $8,000 settlement of the claim. Plaintiff sought
reimbursement for services he rendered and eventually brought a
small claims action against defendant to enforce a claim of lien on
the settlement proceeds in the amount of $2,642. A magistrate
entered a judgment ordering defendant to pay plaintiff $2,642 plusinterest. Defendant appealed the magistrate's ruling to the
Harnett County District Court for a trial de novo. After a
hearing, the trial judge entered a judgment awarding plaintiff
$2,642 plus costs and interest. Defendant appeals.
Defendant argues that the trial court erred by not making any
findings of fact to support its order pursuant to N.C. Gen. Stat.
§ 1A-1, Rule 52(a)(1). We agree.
This Court's standard of review of a non-jury trial is
whether there was competent evidence to support the trial court's
findings of fact and whether its conclusions of law were proper in
light of such facts. Shear v. Stevens Bldg. Co., 107 N.C. App.
154, 160, 418 S.E.2d 841, 845 (1992). The North Carolina Rules of
Civil Procedure provide that [i]n all actions tried upon the facts
without a jury or with an advisory jury, the court shall find the
facts specially and state separately its conclusions of law thereon
and direct the entry of the appropriate judgment. N.C. Gen. Stat.
§ 1A-1, Rule 52(a)(1)(2001) (Emphasis added). The purpose of Rule
52(a) is to allow the appellate courts to determine from the record
whether the judgment and the legal conclusions which underlie it
represent a correct application of the law. Wohlfahrt v.
Schneider, 82 N.C. App. 69, 345 S.E.2d 448 (1986).
Here, the trial court entered its order using a pre-printed
form titled ORDER (Small Claim Appeal only). Although the trial
court checked the box, which states: Court after hearing evidence
finds the following facts:, the trial court did not make any
written findings in the space provided. The language of Rule 52is mandatory; in nonjury actions, the trial court shall find the
facts specially and state separately its conclusions of law.
Pineda-Lopez v. N.C. Growers Ass'n, 151 N.C. App. 587, 589, 566
S.E.2d 162, 164 (2002) (emphasis in original). Because the trial
court's order fails to comply with Rule 52(a)(1) and does not form
a basis for this Court to conduct a review, we remand this case to
the trial court for entry of adequate findings of fact and
conclusions of law pursuant to N.C. Gen. Stat. § 52(a)(1).
Vacated and remanded.
Judges WYNN and TYSON concur.
Report per Rule 30(e).
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