Stanton v. Saks

Appellant, an attorney, represented ap-pellee in a divorce action. When the case was settled a fee dispute arose. Appellant sought $1,201.31; he was awarded $300. We remand.

The case was tried to the court without a jury. Judgment was entered without findings of fact or conclusions of law. 1 No waiver of findings or conclusions appears in the record. SDCL 15-6-52(b). Consequently, the judgment lacks any foundation upon which it may be based. Accordingly, the case must be remanded for the entry of findings of fact, conclusions of law, and a judgment based thereupon, SDCL 15-6-52(a); Matter of…