Schmidt v. Plains Electric, Inc.

PEDERSON, Justice,

concurring specialty-

I agree with all that is said in the majority opinion except the last paragraph in footnote 1. It is my view that some of the strains on judicial resources are caused by the failure to fully utilize Rule 52(a), NDRCivP. I am optimistic and believe that trial judges (and lawyers) are likely to change their practice of underestimating the helpfulness of Rule 52(a). Memorandum opinions may serve as findings of fact under the North Dakota rule; however, it is my opinion that with a little practice in writing findings of fact, trial courts and lawyers will discover that not only time will *804be saved, but decisions will be more readily understood by the parties and the public, and will be more readily affirmed on appeal. See my special concurrence in Mattis v. Mattis, 274 N.W.2d 201 (N.D.1979).