Jones v. Childs

Full title: JONES et al. v. CHILDS et al

Court: Court of Appeals of Georgia

Date published: Jul 16, 1976

228 S.E.2d 363 (Ga. Ct. App. 1976)

228 S.E.2d 363

Opinion

52348.

SUBMITTED JULY 12, 1976.

DECIDED JULY 16, 1976.

Trover. Gwinnett Superior Court. Before Judge Pittard.

Margaret Hopkins, James R. Venable, for appellants.

Cheeley Chandler, Richard B. Chandler, Jr., Edward E. Carter, for appellees.

CLARK, Judge.

This case was tried by the superior court without a jury. In entering judgment, the court did not specially find the facts and state separately its conclusions of law. Accordingly, we must remand the appeal with direction that the court vacate the judgment, make appropriate findings of fact and conclusions of law, and enter a new judgment thereon, after which the losing party will be entitled to appeal. Code Ann. § 81A-152 (a); Doyal Development Co. v. Blair, 234 Ga. 261 ( 215 S.E.2d 471); Spivey v. Mayson, 124 Ga. App. 775 ( 186 S.E.2d 154); Leasing International, Inc. v. Plemons, 136 Ga. App. 455 ( 221 S.E.2d 663).

Appeal remanded with direction. Bell, C. J., and Stolz, J., concur.

CLARK, Judge.

SUBMITTED JULY 12, 1976 — DECIDED JULY 16, 1976.