From Casetext: Smarter Legal Research

Avera v. Rainwater

Court of Appeals of Georgia
Oct 12, 1978
249 S.E.2d 696 (Ga. Ct. App. 1978)

Opinion

56311.

SUBMITTED SEPTEMBER 18, 1978.

DECIDED OCTOBER 12, 1978.

Termination of parental rights. Tift Superior Court. Before Judge Forehand.

Joseph B. Gray, Jr., for appellant.

Allen Kelley, D. Lynn Kelley, Roy Benton Allen, Jr., for appellee.


This is an appeal from an order of a juvenile court terminating the parental rights of the appellant, the natural father. The petition brought by the natural mother and former wife of appellant alleged that appellant had abandoned his three children and that they were deprived children. After a hearing the trial court entered an order finding both abandonment and deprivation in the statutory language contained in Code Ann. § 24A-3201 (a) (1) and (2) and then ordered appellant's parental rights terminated. The court made no specific findings of fact on which it based the above noted legal conclusions. Explicit findings of fact as well as conclusions law are required to be made in these juvenile cases. Coleman v. Coleman, 238 Ga. 183 ( 232 S.E.2d 57). The appeal is remanded with direction that the trial court vacate the judgment, enter findings of fact, conclusions of law and enter a new judgment thereon from which the losing party may enter an appeal.

Appeal remanded with direction. Shulman and Birdsong, JJ., concur.

SUBMITTED SEPTEMBER 18, 1978 — DECIDED OCTOBER 12, 1978.


Summaries of

Avera v. Rainwater

Court of Appeals of Georgia
Oct 12, 1978
249 S.E.2d 696 (Ga. Ct. App. 1978)
Case details for

Avera v. Rainwater

Case Details

Full title:AVERA v. RAINWATER

Court:Court of Appeals of Georgia

Date published: Oct 12, 1978

Citations

249 S.E.2d 696 (Ga. Ct. App. 1978)
249 S.E.2d 696

Citing Cases

In re D. W

(Citations, punctuation and footnote omitted.) In the Interest of A. D. L., 253 Ga. App. 64, 67 (2) ( 557…