Summary
In Hall v. VNB Mtg. Corp., 167 Ga. App. 219 (306 S.E.2d 359) (1983), the judgment granting appellee a writ of possession was vacated and the case was remanded to the trial court with direction that findings of fact and conclusions of law be made. After the remittitur of this court was returned to the trial court, appellants, through their attorney, agreed to the entry of a consent order. Under the terms of the consent order, appellants acknowledged that they were tenants at sufferance.
Summary of this case from Hall v. VNB Mortgage Corp.Opinion
65890.
DECIDED JUNE 29, 1983.
Dispossessory proceeding. Fulton State Court. Before Judge Beasley.
Leroy Baldwin, for appellants.
Joe Hall, Jr., pro se, Jeralyne Hall, pro se. Thomas E. Prior, Carol v. Clark, for appellee.
Appellee brought a dispossessory proceeding against appellants Joe and Jeralyne Hall on the ground that they were in possession of certain property as tenants and were "holding said house and premises without right, title or interest." Appellants answered denying the allegations and moved to dismiss for failure of the one ground of relief shown in the affidavit to support an action under OCGA § 44-7-50 (former Code Ann. § 61-301). The writ of possession was granted and on appeal from that judgment appellants enumerate as error the denial of their motion to dismiss and the failure of the trial court to make findings of fact and conclusions of law as required by the Civil Practice Act (OCGA § 9-11-52 (Code Ann. § 81A-152)).
"The case was tried in the State Court of Fulton County without a jury... The trial court was required to set forth findings of fact and conclusions of law pursuant to Code Ann. § 81A-152 (a) [OCGA § 9-11-52 (a)]. [Cits.] The record shows that findings of fact and conclusions of law were not made, and does not show that they were waived. Accordingly, the case is remanded with direction that the trial court vacate the judgment and prepare, or cause to be prepared, appropriate findings of fact and conclusions of law. [Cits.]" Forrest v. Garner, 164 Ga. App. 396 ( 298 S.E.2d 259) (1982). For this reason it is unnecessary to consider appellants' remaining enumeration of error.
Case remanded with direction. Banke and Carley, JJ., concur.