Menzel v. Morse

I concur in divisions III and IV of the majority opinion but respectfully dissent from divisions I and II.

I agree with the division IV direction that this case be remanded to the trial court for resubmission on the record already made. The trial court in this jury-waived law action did not adequately comply with Iowa Rule of Civil Procedure 179(a), which requires that the court find the facts in writing and separately state its conclusions of law. The trial court’s written decision did not clearly disclose what facts it found were established by the evidence. Neither did its conclusions of…