Modica v. Rodgers

Court of Appeals of North Carolina

Modica v. Rodgers

219 S.E.2d 260, 27 N.C. App. 332, 1975 N.C. App. LEXIS 1837

CourtCourt of Appeals of North Carolina

DecidedNovember 5, 1975

DocketNo. 752DC566

StatusPublished

Cited by1 cases

This text of 219 S.E.2d 260 (Modica v. Rodgers) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Modica v. Rodgers, 219 S.E.2d 260, 27 N.C. App. 332, 1975 N.C. App. LEXIS 1837 (N.C. Ct. App. 1975).

Pincite

Opinion

HEDRICK, Judge.

Plaintiffs excepted to “the signing and entry of judgment and findings of fact.” This exception is broadside and does not bring up for review the sufficiency of the evidence to support the findings but presents only the face of the record for review, which includes whether the facts found or admitted support the judgment and whether the judgment is proper in form. Davenport v. Travelers Indemnity Co., 283 N.C. 234, 195 S.E. 2d 529 (1973). Accordingly, we have carefully examined the face of the record and conclude the findings of fact support the judgment entered, and the judgment is proper in form.

Affirmed.

Chief Judge Brock and Judge Clark concur.

Free access — add to your briefcase to read the full text and ask questions with AI

HEDRICK, Judge.

Plaintiffs excepted to “the signing and entry of judgment and findings of fact.” This exception is broadside and does not bring up for review the sufficiency of the evidence to support the findings but presents only the face of the record for review, which includes whether the facts found or admitted support the judgment and whether the judgment is proper in form. Davenport v. Travelers Indemnity Co., 283 N.C. 234, 195 S.E. 2d 529 (1973). Accordingly, we have carefully examined the face of the record and conclude the findings of fact support the judgment entered, and the judgment is proper in form.

Affirmed.

Chief Judge Brock and Judge Clark concur.

Cite This Page — Counsel Stack

Bluebook (online)

219 S.E.2d 260, 27 N.C. App. 332, 1975 N.C. App. LEXIS 1837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/modica-v-rodgers-ncctapp-1975.

Opinion

Related

Cite This Page — Counsel Stack