Tennessee § 27-1-114 - Filing of findings.

§ 27-1-114. Filing of findings.

The court of appeals shall file its findings at the same time that it renders its decision. It shall be the duty of chancellors, except where the findings are or have been incorporated in the decree as above provided, to file their findings of fact within thirty (30) days after appeal; and the clerk shall then give notice thereof to the parties or their counsel, who shall have the right by petition to ask for different or additional findings; and, if no such petition shall be filed within five (5) days after such notice, unless the time shall be extended by order of the court, the findings shall not be further questioned in that court; provided, that the time in which such petition may be filed shall in no event be less than five (5) days from the taking of an appeal. For the purposes stated, the cause shall remain in the chancery court even after the appeal has been taken. The same rules and practice shall govern with respect to cases tried on the facts in courts exercising the former jurisdictions of county courts and thence brought directly to the court of appeals. The provisions as to a finding of facts shall not apply where, before it is made up, the judge who tried the case has died or has gone out of office, and in such case the clerk shall include in the record a certificate to that effect. Acts 1925, ch. 100, § 12; Shan. Supp., § 6325a12; mod. Code 1932, § 10621; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-114; Acts 1981, ch. 449, § 2. Compiler's Notes. This section may be affected by T.R.A.P. 3(d). Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 671. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, §§ 96, 121, 122, 223; 16 Tenn. Juris., Exceptions, Bill of, § 6. Law Reviews. Suggested Changes in Appellate Procedure, 17 Tenn. L. Rev. 220.