Appellate judges don’t hear witnesses and don’t receive other evidence in real time. Thus, they count on trial judges to not only determine the facts and apply them to the law but also to reduce their factual findings to writing.
Here is the mandate as stated in a recent opinion of the Tennessee Court of Appeals:
This Court has previously discussed the importance of including findings of fact and conclusions of law in the court’s written order pursuant to Rule 52.01 of the Tennessee Rules of Civil Procedure. See In re Britton H-S., No. M2016-01576-COA-R3-JV, 2018 WL 1040945 (Tenn. Ct. App. Feb. 23, 2018); see also Rogin v. Rogin, No. W2012-01983- COA-R3-CV, 2013 WL 3486955 (Tenn. Ct. App. July 10, 2013). The inclusion of appropriate findings of fact and conclusions of law is not “a mere technicality” because “[w]ithout such findings of fact and conclusions, this court is left to wonder on what basis the court reached its ultimate decision.” In re K.H., No. W2008-01144-COA-R3-PT, 2009 WL 1362314, at *8 (Tenn. Ct. App. May 15, 2009).
Tate v. Jones, No. E2022-01524-COA-R3-JV (Tenn. Ct. App. Dec. 8, 2023) (memorandum opinion).
The Tate court remanded a parentage, child support, and visitation rights case back to the juvenile court.
Note: the findings of fact must be in writing. Although some trial judges (and lawyers) rely on the transcript of the hearing to supply findings of fact not included in the court’s order, the appellate court “do[es] not typically review a trial court’s oral ruling unless it is incorporated by reference into the final decree.” Id. at *2 , citing In Re Britton H-S., 2018 WL 1040945, at *3. So, if you want the appellate court to review the transcript, be sure to incorporate the transcript by reference in the court’s order. Id.
The Tate opinion makes it clear that if the order is incorporated into the judgment (it was not in Tate) that allow will not necessarily supplant to need for written factual findings. The Tate court was unable to glean certain facts from the transcript.
The bottom line for lawyers: if you are the prevailing party, assist the trial court in preparing written findings of fact. Help him or her do her job. Many trial judges, particularly those in rural counties, don’t have a law clear and have very heavy dockets. They need help.
Most of my work is before juries, but when I try a nonjury case I often will supply the judge with a Word document containing the proposed findings of fact and conclusions of law before the trial. The document gives the judge a roadmap to the proof and helps him/her draft the final order. (It also helps me organize and prepare for trial.)