In the Interest of Rambousek

VANDE WALLE, Justice,

concurring specially.

I concur in the result reached by the majority opinion. In Dayap v. Kupperion, 331 N.W.2d 22 (N.D.1983), I expressed my concern with regard to the unrestricted application of Rule 52(a), N.D.R.Civ.P., to these appeals. Insofar as the majority opinion in this instance propagates the position of the majority in Dayap, I disagree. However, I believe that the county court’s decision that Rambousek is in need of treatment is not supported by clear and convincing evidence and I therefore concur with the reversal of the order requiring Rambou-sek to receive treatment.

*553Because the position of the majority of this court has been set forth in Dayap and now in this case, and because it seems probable that this court will receive a substantial number of appeals pursuant to Section 25-03.1-29, N.D.C.C., as amended effective January 1, 1983, it is not my intent in the future appeals to express my objection on this matter in those instances in which I concur with the result reached by a majority of this court. However, in those instances in which I believe the standard expressed by the majority of the court is contrary to the result I would have reached as a result of the application of the standard I advocated in Dayap, I will continue to express my objection.