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FINDINGS OF FACT & CONCLUSIONS OF LAW

FINDINGS OF FACT & CONCLUSIONS OF LAW. Albert Diaz Special Superior Court Judge Sanford L. Steelman Judge, N.C. Court of Appeals. Purpose of FOF/COL. Dispose of issues raised by pleadings Collateral estoppel/res judicata Evoke care on part of trial judge

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FINDINGS OF FACT & CONCLUSIONS OF LAW

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  1. FINDINGS OF FACT & CONCLUSIONS OF LAW • Albert Diaz • Special Superior Court Judge • Sanford L. Steelman • Judge, N.C. Court of Appeals

  2. Purpose of FOF/COL • Dispose of issues raised by pleadings • Collateral estoppel/res judicata • Evoke care on part of trial judge • Allow for meaningful appellate review

  3. General Principles • Considering Evidence/De Novo Review • Accepted Facts/Appellate Court

  4. What is Required? • Find Facts • Declare Conclusion • Enter Judgment

  5. WHEN REQUIRED?

  6. CRIMINAL CASES • Motions to Suppress Evidence (N.C.G.S. § 15A-977(f)) • Proceedings re Capacity (N.C.G.S. § 15A-1001-09) • Mistrials (N.C.G.S. § 15A-1064) • MAR (N.C.G.S. § 15A-1420) • Contempt (N.C.G.S. § 5A-14 & 15) • Delayed Rulings

  7. CIVIL CASES

  8. N.C.R. Civ. P. 52 • FOF/COL mandatory for bench trials • Rule 41(b) Dismissals • Requires FOF/COL • Court to consider and weigh all competent evidence • Directed verdict does not apply • Discretionary FOF/COL • Standard on appeal

  9. Timing of Request • Relevant Deadline: Entry of written Order

  10. Preparation of Order • May request/adopt proposed FOF/COL from attorneys • Possible caveat: wholesale adoption in court opinions

  11. Amendment of FOF/COL • Rule 52(b)—10 day window after entry of judgment • Effect of Notice of Appeal

  12. SPECIFIC LEGAL ISSUES

  13. TRIAL MATTERS • TRO/Preliminary Injunctions • FOF/COL Generally not required • Same rule applies to other provisional remedies • Effect of delay in entering Order • Consent Judgments • FOF/COL Not required

  14. TRIAL MATTERS • Rule 12(b)(6) Motions • FOF/COL not required-facts of opposing party accepted as true • Rule12 (c) • Same rule applies • Summary Judgment • Same rule applies • Recitation of undisputed facts may be OK

  15. TRIAL MATTERS • Rule 60(b) Motions • FOF/COL not required, might be better practice • Civil Contempt • FOF required

  16. TRIAL MATTERS • Rule 11 Sanctions • FOF/COL Required for appellate review • Generally reversible error, unless evidence admits of only one result • Award of Attorneys Fees • Order requires meaningful analysis of relevant factors • E.g. time expended, skill required, customary fee, experience of atty

  17. APPEALS • Appeals from Clerk • Chapter 28 Petitions • Guardianship Proceedings • Agency Appeals • APA and “whole record” review • De Novo Review

  18. AVOIDING REVERSALJudge Steelman

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