# Baker v. Lanier Marine Liquidators, Inc.

> Court of Appeals of North Carolina · December 18, 2007 · 187 N.C. App. 711

URL: https://www.frixlaw.com/law-library/cases/9847162

## Case

- **Full name:** CHARLES BAKER, Plaintiff-Appellee v. LANIER MARINE LIQUIDATORS, INC., Defendant-Appellant
- **Court:** Court of Appeals of North Carolina
- **Decided:** December 18, 2007
- **Citations:** 187 N.C. App. 711; 654 S.E.2d 41; 2007 N.C. App. LEXIS 2571
- **Precedential status:** Published
- **Opinion:** Concurrence by Steelman
- **Judges:** Calabria, Stephens, Steelman
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9847162

## Opinion text

STEELMAN, Judge
concurring in the result.
I fully concur in the result reached by the majority in this case, and particularly with the holding that under N.C.R. Civ. P. 52(a)(2) the court was not required to make findings of fact in the absence of a request by the parties. In such a case, “it will be presumed that the judge, upon proper evidence, found facts sufficient to support the judgment.” J.M. Thompson Co. v. Doral Mfg. Co., 72 N.C. App. 419, 424 , 324 S.E.2d 909, 912 (1985) (citation omitted). Our analysis is limited to whether the presumed findings of fact are supported by competent evidence, and if so, they are conclusive on appeal despite evidence to the contrary. Id. at 424 , 324 S.E.2d at 913 ; see also 2 G. Gray Wilson, North Carolina Civil Procedure § 52-4, at 200-201 (2d ed. 1995). In the instant case, there is evidence in the record to support the presumed findings of fact by the court, and its denial of defendant’s motion to dismiss for lack of personal jurisdiction should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9847162. Public record. Not legal advice.