Opinion
A94D0398.
DECIDED OCTOBER 4, 1994.
Application for discretionary appeal. Muscogee State Court. Before Judge Johnston.
Garner, Reynolds Pruitt, Michael E. Garner, for appellant.
William B. Hardegree, for appellees.
Applicant has failed to carry his burden of demonstrating that his application should be granted, within the meaning of Harper v. Harper, 259 Ga. 246 ( 378 S.E.2d 673); accordingly, his application for discretionary appeal is denied. However, examination of the order of the trial court reveals a procedural deficiency in that said order does not contain a specific finding as to the conduct that authorized the award under OCGA § 9-15-14. See generally MacDougald v. Phillips, 262 Ga. 778 ( 425 S.E.2d 652); Coker v. Mosley, 259 Ga. 781 ( 387 S.E.2d 135). Accordingly, this case is remanded with direction that the trial court either include in its order findings of the conduct that authorized the award or vacate its order. Porter v. Felker, 261 Ga. 421, 422 (3) ( 405 S.E.2d 31).
In aid of our jurisdiction and to protect our judgment following amendment or vacation of the order, the parties may timely submit an application for discretionary appeal of the resulting order of the trial court. Ga. Const. of 1983, Art. VI, Sec. I, Par. IV.
Application denied and remanded with direction. Blackburn and Ruffin, JJ., concur.