Andrews v. Peters , 75 N.C. App. 252 ( 1985 )

Judge WELLS

concurring in part and dissenting in part.

I concur in that part of the majority opinion which affirms the trial court’s denial of defendant’s motion to dismiss. I dissent from that part of the majority opinion which holds that the trial court was required, upon defendant’s request, to make findings of fact and enter conclusions of law in ruling on plaintiffs Rule 59 motion. In my opinion, Rule 52 does not require findings of fact and conclusions of law when the trial court makes a discretionary ruling on a motion to set the verdict aside and for a new trial in a jury trial.