Dauer v. Zabel

Our order of September 4, 1968 1 restricted review to the second question dealt with by the assigned panel of the Court of Appeals. That question was whether rule-required findings of fact had been made by the trial judge. See 9 Mich App 176, 181-184. Having agreed with the panel’s negative answer, we find ourselves disagreeing with the disposition made. As presently shown, there was no need for another trial of this already fully tried non jury lawsuit.

It is notable that defendant did not move for amended or additional findings under GCR 1963, 517.2. He appealed instead upon allegation —…