In Re Estate of Lowry

The paramount question presented in this case and that which led to its certification to this court is whether, in a case where a trial by jury has been waived and the trial judge, after hearing, renders a decision upon the issues made, a motion for new trial, filed after the court has announced its decision but before the rendition of judgment and entry thereof approved and filed with the clerk, is prematurely filed and, by reason thereof, the reviewing court is thereby precluded from passing’ on the weight of the evidence.

The provisions of the statute applicable are those of Section 11578,…