Davidson v. Van Lengen

Having reached a different view of the facts and applicable law, I respectfully dissent.

I. While the majority cites and apparently relies on our rule we give weight to fact-findings of trial court but are not bound by them, rule 14(f)(7), Rules of Appellate Procedure, the first prong of the rule is of questionable applicability in this case. Trial court’s concept of the facts seems to have been derived initially from an “Informal Trial Brief” filed by plaintiff. Thereafter, the court occasionally took the position only legal and not factual issues were involved.

As defense counsel sought to…