(concurring in part and dissenting in part).
[¶ 37.] I concur on issues one and three.
[¶ 38.] I dissent on issue two and would not remand back to the trial court. We have previously stated that when a trial court is ruling on the application of attorney fees, it must, for meaningful appellate review, enter findings of fact and conclusions of law. Hartman v. Wood, 436 N.W.2d 854, 857 (S.D.1989) (citing Comm’rs of Jefferson County v. Auslaender, 745 P.2d 999, 1001 (Colo.1987)). However, we “may decide the appeal without further findings if [we] find that [we are] in a position to do so.” Heikkila v. Carver, 416 N.W.2d 591, 592 (S.D.1987) (citing *737Swanson & Youngdale, Inc. v. Seagrave Corp., 561 F.2d 171, 173 (8thCir.1977) (citations omitted)). I conclude that, based upon the trial court’s remarks, the trial court concluded neither party was innocent. The record confirms this where the defendant assaulted plaintiff, which is not in dispute. The problem is that plaintiff was involved in more than one fracas, which was not disclosed timely. All this does is impact the expert’s opinion on what caused plaintiffs alleged injuries. A case in this posture does not equal frivolous or malicious. Therefore, I would affirm the trial court’s decision denying Meyer’s application for an award of attorney fees and not march these parties back down the hill, simply to have them march right back up at a later date.