APPELLATE PRACTICE — Retrial — When Order of Retrial Is Not Appropriate — Where Plaintiff Fails Completely to Prove Case

"Where a Plaintiff woefully fails to prove his case, the proper order the law requires the Court to make is that of dismissal of the Plaintiff's case. Although where a trial Court or a Court below fails to make findings on the issues duly joined by the parties in their pleadings and submitted for adjudication, an appellate Court will order a retrial when the evidence on record is such that it cannot make its own findings not having seen or heard the witnesses, an order of retrial is not appropriate where a Plaintiff failed completely to prove his case and no irregularity of substantial nature apparent on the record to justify the making of such order."