County of Summit ex rel. Mohler v. Yacobucci

I

Appellant, in his first proposition of law, contends that it is not error for the court to refuse to answer written interrogatories posed by one of tbe parties when questions of fact are tried by tbe court without a jury pursuant to Civ. R. 52. We agree.

Civ. R. 52 provides that “ [w]hen questions of fact are tried by tbe court without a jury, judgment may be general for the prevailing party unless one of the parties in writing or orally in open court requests otherwise * * #” before judgment entry or within seven days after the announcement of the court’s decision, whichever is later. This…