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Hartwell v. Mahan3/1/2005
h trial, "the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment." "The facts required to be found specially are those material and ultimate facts from which it can be determined whether the findingsare supported by the evidence and whether they support the conclusions of law reached." Quick v. Quick, 305 N.C. 446, 451, 290 S.E.2d 653, 657 (1982). "The purpose of the requirement that the court make findings of those specific facts which support its ultimate disposition of the case is to allow a reviewing court to determine . . . whether the judgment _ and the legal conclusions which underlie it _ represent a correct application of the law." Mann Contr'rs, Inc. v. Flair with Goldsmith Consultants-II, Inc., 135 N.C. App. 772, 775, 522 S.E.2d 118, 121 (1999) (citations omitted). Further:
In the absence of such findings, this Court has no means of determining whether the order is adequately supported by competent evidence . . . . It is not enough that there may be evidence in the record sufficient to support findings which could have been made. The trial court must itself determine what pertinent facts are actually established by the evidence before it[.]
Williams v. Burlington Industries, Inc., 318 N.C. 441, 446-47, 349 S.E.2d 842, 846 (1986) (quoting Coble v. Coble, 300 N.C. 708, 712- 13, 268 S.E.2d 185, 189 (1980)). Thus, "where there is conflicting evidence, the failure of the trial court to make specific findings upon which to base its conclusions is reversible error." Mann Contr'rs, id.
In the instant case, plaintiff argues that the trial court erred by failing to enter findings of fact in support of its conclusions of law. After careful consideration, we must agree. At trial, testimony was elicited regarding plaintiff's personal history, work record, medical problems, salary history, prior emotional problems, and her employment after she was fired by Davidson County. Conflicting evidence was offered as to some of these issues. The trial court's order made generalized findings of fact on various aspects of plaintiff's background and on the case history. However, the findings of fact neither resolved factual conflicts in the evidence, nor stated the "ultimate facts" upon which the court's award was based. For example, the trial court made no findings of fact addressing, e.g.,:the dollar amount of plaintiff's lost wages; her entitlement to damages for lost wages; a determination of the period of time for which such damages might be owed; or the effect, if any, of plaintiff's prior emotional problems on her damages for intentional infliction of emotional distress. We conclude the trial court failed to enter the specific or ultimate findings required to (1) resolve evidentiary conflicts, (2) demonstrate the basis for its award, and (3) enable this Court to determine whether the trial court's award reflects a correct application of the law.
This Court is aware that after several previous appeals, the parties are eager to resolve this matter. However, in the absence of proper findings of fact, we are unable to conduct our review, and are regrettably constrained to reverse and remand. It is in the trial court's discretion whether to take additional evidence.
Reversed and remanded.
Judges McCULLOUGH and ELMORE concur.
Report per Rule 30(e).
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