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Rule 52 Findings

(a) In all actions tried upon the facts, the court shall find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to 58 TCRCP; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. But the court may require the prevailing party to prepare the proposed findings of fact and also conclusions of law. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under 12 or 56 TCRCP or any other motion except as provided in 41(b) TCRCP.

(b) Amendment. Upon motion of a party made not later than 10 days after entry of judgment the court may amend its findings or make additional findings and may amend the judgment accordingly. The question of the sufficiency of the evidence to support the findings may thereafter be raised whether or not the party raising the question has made in the trial court an objection to such findings or has made a motion to amend them or a motion for judgment. The party so directed shall lodge them with the clear, with proof of service upon all parties, and the clerk shall hold them for five days before presentation to the judge. Any party who disapproves the form of proposed findings of fact, conclusions of law or judgment shall, within five days after service of a copy upon him, serve and lodge with the clerk a notice of a disapproval, together with proposed modifications and reasons therefor.