Roberto v. Aguon

519 F.2d 754 Josefina A. ROBERTO, an incompetent person, by Concepcion R. Padula, her next friend, Plaintiff-Appellant. v. Francisco B. AGUON, Administrator of the Estate of Vicente L. Aguon, Deceased, et al., Defendants-Appellees, Turtle Cove, Inc., Intervenor-Appellee. No. 74-2039. United States Court of Appeals, Ninth Circuit. July 8, 1975. Robert A. Seligson (argued), San Francisco, Cal., for plaintiff-appellant. Fred E. Bordallo (argued), Agana, Guam, Eugene H. Bramhall (argued), Oakland, Cal., for defendants-appellees. OPINION Before BARNES, KILKENNY and GOODWIN, Circuit Judges. BARNES, Senior Circuit Judge: 1 This is an appeal from an adverse decision in an action filed September 10, 1972 by the "next friend" of an alleged incompetent, Josefina A. Roberto, to set aside a deed made and delivered by said Josefina on June 10, 1963. The order of the trial court dismissing the action was entered at the close of plaintiff's testimony. (Fed.R.Civ.Proc. 41(b)). 2 The trial judge filed a 29 page opinion, which was designated as constituting "the Court's findings of fact and conclusions of law," required by Fed.R.Civ.Proc. Rule 52(a). Appellant concedes that the court, which devoted…