Guidry v. Petty Concrete Company

OPINION

WOOD, Judge, Court of Appeals.

All of the issues relate to the absence of findings of fact and conclusions of law.

At the close of plaintiff’s evidence, the trial court sustained defendants’ motion to dismiss under § 21-1-1(41) (b), N.M.S.A. 1953. The parties were given time to submit requested findings and conclusions. Defendants did so. Plaintiff did not— neither before nor after entry of judgment. Nor did plaintiff make a general request for findings. (Plaintiff’s counsel on appeal was not the trial attorney.) The trial court did not make findings nor conclusions.

Plaintiff appeals…