BOBBITT, Justice.
Presumably, "the cross motions" were made ore tenus. No motion appears in the record.
There was no jury trial. Nothing in the record shows that the parties waived a jury trial and agreed that the court hear the evidence and find the facts. The case was not submitted on an agreed statement of facts. There were no stipulations.
The case on appeal refers to the hearing as a pre-trial hearing. "Unless otherwise provided by stipulation...
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