What is the test for making a finding in an appeal?

California, United States of America

The following excerpt is from Mellinger v. Ventura County Municipal Court, 265 Cal.App.2d 843, 71 Cal.Rptr. 535 (Cal. App. 1968):

Being convinced that it was error to enter the judgment from which this appeal was taken without first filing findings, we are called upon to make a choice: Shall we dismiss the appeal or reverse the judgment? The concluding words of Lassen v. City of Alameda, supra, are: 'In view of the fact that findings were required in this case and were not made, the order is not final and hence not appealable. * * *' In Estate of Hewitt (1958) 160 Cal.App.2d 584, 586--587, 325 P.2d 113, 114, we are told:

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What is the test for making a finding in an appeal?

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