Legal Opinion · Concurrence

3910 Warrensville Center, Inc. v. City of Warrensville Heights

Ohio Court of Appeals

Decided October 29, 1984No. 47950 and 48349Published

1ConcurrenceMarkus, P.J.

I agree with the majority’s decision but add a second reason for the result reached by the majority.

The trial court’s duty to provide factual findings arises only when a party makes a timely request for such findings. The request is timely before the disputed order is filed for journalization or within seven days after “notice of the court’s announcement of its decision.” Civ. R. 52. The court may announce its decision before it journalizes the resulting order or judgment. Civ. R. 58; Jackson v. Columbus (1974), 41 Ohio App. 2d 90, at 92-93 [70 O.O.2d 92], If it does not announce its decision…

2Cases cited2 opinions

  1. Jackson v. City of ColumbusOhio Court of Appeals · 1974
  2. L.T.M. Builders Co. v. Village of JeffersonOhio Supreme Court · 1980

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