Hunydee

Petitioner Lee Hunydee, as plaintiff, brought an action in the Superior Court of San Diego County against Nick Zunic, et al., defendants, involving a promissory note. The trial was had before the court sitting without a jury and findings and judgment were signed holding against the plaintiff and in favor of defendants. Plaintiff moved for a new trial on July 25, 1961. It was granted and the clerk entered an order in the permanent minutes granting a new trial. In granting the new trial, the trial court made a statement to the effect that if the court had the power to amend the findings it would do so but it doubted it had such power. Apparently, the following day, the court, on its own motion, held a hearing on the question of setting aside the order granting the new trial upon representation of counsel for defendant that he believed the court did have the power to amend the findings. The court then made an order, as reflected by the permanent minutes, rescinding and setting aside the previous order granting the new trial, denied the motion for new trial, set aside the previous findings and judgment, and directed the attorney for defendant to prepare new findings and a new…