¶1concurring in the result.
¶2I agree that the appeal has no merit and the order must be affirmed. But since the court’s findings clearly support the order only one question material to the appeal is raised, in my opinion; a question not raised by plaintiff but by the record — Are the court’s material findings of fact supported by competent evidence? The questions that plaintiff stated in his brief — whether the court “committed reversible error” in denying his motion to dismiss defendant’s motion at different stages of the hearing, and in receiving certain items of evidence — are irrelevant to an appeal from a judge’s findings, conclusions, and order, and discussing them tends to obfuscate rather than clarify the problem involved and its proper solution. Certainly this modification of a child custody order is not subject to Rule 41, N.C. Rules of Civil Procedure, which has to do with the “Dismissal of Actions.”