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Watkins v. Hellings11/5/1987
al importance, or (3) the party failing to admit had reasonable ground to believe that he might prevail on the matter, or (4) there was other good reason for the failure to admit.
The opinion of the Court of Appeals states that Rule 37(c) does not require the trial court to make negative findings of fact with respect to the four exceptions. However, citing W. Shuford, N.C. Civil Practice and Procedure § 37-13 (2d ed. 1981), that court held that the better practice is to require the trial court to make negative
findings of fact with respect to the four stated exceptions in order to support an order taxing sanctions to a party. The Court of Appeals reasoned in its opinion that this is desirable because of "the risk to litigants of substantial monetary awards against them in the application" of Rule 37(c). 83 N.C. App. at 438, 350 S.E.2d at 587. The Court of Appeals therefore vacated the trial court's order and remanded the motion for further consideration. We reverse the decision of the Court of Appeals on this issue. The Court of Appeals opinion does not take into account Rule 52(a)(2) of the North Carolina Rules of Civil Procedure. That rule states, in pertinent part, that "findings of fact and conclusions of law are necessary on decisions of any motion . . . only when requested by a party . . . ." The record does not reveal that either party made such a request of the trial judge. It has been held repeatedly by this Court that " hen the trial court is not required to find facts and make conclusions of law and does not do so, it is presumed that the court on proper evidence found facts to support its judgment." Estrada v. Burnham, 316 N.C. 318, 324, 341 S.E.2d 538, 542 (1986). We leave it to the discretion of the trial judge whether to make a finding of fact if a party does not choose to compel a finding through the simple mechanism of so requesting.
The decision of the Court of Appeals is reversed and the case is remanded to that court for remand to the Superior Court, Wake County, for reinstatement of the judgment of that court and the order imposing sanctions.
Reversed and remanded.
Disposition
Reversed and remanded.
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