Pritchett v. Executive Director of the Social Service Board

PEDERSON, Justice,

concurring specially-

I concur in the results and in most of the philosophical reasoning in the majority opinion. By clear and unambiguous language, Rule 52(a), NDRCivP, is made to apply “in all actions tried upon the facts without a jury.” The findings of fact, including the finding of abandonment, are supported by the evidence — clearly and convincingly. There are no clearly erroneous findings under any theory and I know of no rule or statute that permits a trial de novo in this kind of action.