O'Lea v. O'Lea

ROVER, Chief Judge.

At the conclusion of all evidence in an uncontested action for an absolute divorce on the ground of voluntary separation for five years, the trial judge, in denying the divorce, made both oral and written findings of fact. Essentially the written finding states that the testimony of the plaintiff and her corroborating witness was “unconvincing.” Standing alone we are unable to determine whether this finding is directed to the credibility of the witnesses or to the sufficiency of their testimony. Considered in conjunction with the oral findings the confusion is compounded,…