In Re Marriage of Davis

Jane Marie Davis (hereafter wife) appeals from an order denying her motion for an increase in spousal support from her former husband, Louis Scott Davis (hereafter husband). (See Civ. Code, § 4801, subd. (a).) She also challenges the adequacy of the award of attorney’s fees and refusal to award costs. Husband does not appeal from the order denying his motion for termination of support.

Wife contends, inter alia, that the trial court committed reversible error in failing to make requested findings of fact and conclusions of law before signing its order and that the purported findings and conclusions signed subsequent to the order were not timely. Husband’s sole response, without citation to the record or to authority, is: “The findings of fact were the duty of the respective counsel to prepare. No prejudicial error was committed by the trial court.” We agree with wife’s contentions.

Procedural Background

At the conclusion of the hearing on wife’s motion for an increase in spousal support and husband’s motion for termination of support, on October 15, 1979, the court orally announced its decision to deny both motions. Wife’s counsel then stated she would request findings…