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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Taylor v. Burke, 69 Mass. App. Ct. 77 (2007)

Citation
Taylor v. Burke, 69 Mass. App. Ct. 77 (2007)
Parent Document
Taylor v. Burke, 69 Mass. App. Ct. 77 (2007)
Jurisdiction
Massachusetts (state)
Effective Date
2007-05-17

Full Text

817 chars
We remand in order that the trial judge make appropriate subsidiary findings, taking such additional testimony and evidence as in his view might be required. The case was heard by a judge sitting without a jury. Rule 52(a) of the Massachusetts Rules of Civil Procedure, as amended, 423 Mass. 1402 (1996), requires that, where a judge sitting without a jury is the finder of fact, the judge must “find the facts specially and state separately [his] conclusions of law thereon.” These findings must contain “as many of the subsidiary facts as are necessary to disclose to the reviewing court the steps by which the trial court reached its ultimate conclusion on each factual issue.” Rapp v. Barry, 398 Mass. 1004, 1004 (1986), quoting from De-nofre v. Transportation Ins. Rating Bureau, 532 F.2d 43, 45 (7th Cir. 1976).