Apollo Coating RCS, Inc. v. Brookridge Funding Corp.
Court of Appeals of Arkansas
1DissentSam Bird, Judge
I disagree with the majority judges’ interpretation of Ark. R. Civ. P. 52(a), and, therefore, respectfully dissent. Specifically, I do not agree that Rule 52(a) can be interpreted to enable a party to compel a trial judge, sitting as the trier of fact, to make findings of fact and separate conclusions of law after the court’s judgment has been entered. The very language of the rule belies such an interpretation. Simply stated, Rule 52(a) provides, in pertinent part, that a trial judge sitting as the trier of fact in a contested action is required to make findings of fact and state separately…
2Cases cited1 opinion
- Price v. GarrettCourt of Appeals of Arkansas · 2002