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Berlin v. Pickett3/28/2003
g any form of review; however, failure to raise an objection at the trial court level does not forfeit plain error review. Rule 84.13(c). See, e.g., C.L.S. v. C.L.S., 722 S.W.2d 116, 119 (Mo. App. 1986) (reviewing for plain error even though objection was not raised before trial court).
This court holds that where the trial court does not give the grounds of its decision, even though properly and timely requested by a party under Rule 73.01 and acknowledged by the trial court, the non-moving party can raise the point on appeal. This holding is consistent with the caselaw. See Adelman v. Rosenblum (In re Adelman's Estate) , 377 S.W.2d 549, 552 (Mo. App. 1964) ("Rule 73.01 provides [that] unless one of the parties requests findings of fact and conclusions of law before final submission[,] the court need not make such specific findings . . . and conclusions of law.") (emphasis added). See also Cummings v. ACF Indus., 808 S.W.2d 33, 34 (Mo. App. 1991) .
Given the multitude of theories and defenses raised by Pickett, meaningful review cannot be provided without an explanation by the trial court of the basis for its judgment. The judgment is remanded to the trial court for it to give the grounds of its decision. Rule 73.01(c).
All concur.
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