Loizos v. Mutual of Omaha Insurance

Dissenting Opinion by

Spaeth, J.:

On questions of this difficulty, I do not think we should reach a decision when the matter has not been briefed by both parties and the lower court has neither made findings of fact nor written an opinion with respect to it. I would remand for findings of fact and an opinion on the statute of limitations question.

Watkins, P. J., joins in this dissenting opinion.