Rumley v. Inman

Court of Appeals of North Carolina

Rumley v. Inman

302 S.E.2d 657, 62 N.C. App. 324, 1983 N.C. App. LEXIS 2853

CourtCourt of Appeals of North Carolina

DecidedMay 17, 1983

Docket8215SC658

StatusPublished

Cited by5 cases

This text of 302 S.E.2d 657 (Rumley v. Inman) 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.

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Rumley v. Inman, 302 S.E.2d 657, 62 N.C. App. 324, 1983 N.C. App. LEXIS 2853 (N.C. Ct. App. 1983).

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Opinion

VAUGHN, Chief Judge.

This is an appeal from orders denying plaintiff’s motion for an order requiring the opening of an adoption record.

The only exceptions brought forward are to the signing of the order. These exceptions only bring forward the question of whether the facts found and conclusions drawn support the judgment. Rule 10(a), Rules of Appellate Procedure. The questions of whether the findings of fact are supported by the evidence and whether the findings of fact support the conclusions of law are not presented. Furthermore, there is no exception to the failure of the court to make the positive findings that would have been essential to an order granting the relief sought. For example, *325 there must be a finding of fact that the information sought to be revealed is necessary for the best interest of the child or the public before an order can be entered requiring disclosure of the information. In re Spinks, 32 N.C. App. 422, 232 S.E. 2d 479 (1977). The order contains no such finding.

Affirmed.

Judges Hedrick and Arnold concur.

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VAUGHN, Chief Judge.

This is an appeal from orders denying plaintiff’s motion for an order requiring the opening of an adoption record.

The only exceptions brought forward are to the signing of the order. These exceptions only bring forward the question of whether the facts found and conclusions drawn support the judgment. Rule 10(a), Rules of Appellate Procedure. The questions of whether the findings of fact are supported by the evidence and whether the findings of fact support the conclusions of law are not presented. Furthermore, there is no exception to the failure of the court to make the positive findings that would have been essential to an order granting the relief sought. For example, *325 there must be a finding of fact that the information sought to be revealed is necessary for the best interest of the child or the public before an order can be entered requiring disclosure of the information. In re Spinks, 32 N.C. App. 422, 232 S.E. 2d 479 (1977). The order contains no such finding.

Affirmed.

Judges Hedrick and Arnold concur.

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302 S.E.2d 657, 62 N.C. App. 324, 1983 N.C. App. LEXIS 2853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rumley-v-inman-ncctapp-1983.

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