Hahn v. Johnston, 06ca16 (6-4-2007)
Hahn v. Johnston, 06ca16 (6-4-2007)
Opinion of the Court
{¶ 2} Under Civ.R. 52, the purpose of the trial court's issuance of findings of fact and conclusions of law is "`to aid the appellate court in reviewing the record and determining the validity of the basis of the trial court's judgment.'" *Page 2
In re Adoption of Gibson (1986),
{¶ 3} Here, because the trial court failed to address Johnston's legal defenses of estoppel and laches in its findings of fact and conclusions of law, we are unable to effectively review the trial court's judgment. Accordingly, we remand this matter to the trial court for an express consideration and determination of those defenses. The remainder of Johnston's assignments of error are moot.
*Page 3JUDGMENT REVERSED AND CAUSE REMANDED.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Hocking County Common Pleas Court to carry this judgment into execution.
Any stay previously granted by this Court is hereby terminated as of the date of this entry.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
*Page 1Abele, J. Kline, J.: Concur in Judgment and Opinion.
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