Sanders v. Darnell

Full title: SANDERS et al. v. DARNELL et al

Court: Supreme Court of Georgia

Date published: Apr 6, 1976

225 S.E.2d 23 (Ga. 1976)

225 S.E.2d 23

Opinion

30912.

ARGUED MARCH 8, 1976.

DECIDED APRIL 6, 1976.

Denial of partitioning. Jackson Superior Court. Before Judge Dunahoo.

Dawson Huff, Robert J. Huff, for appellants.

Davis, Davidson Hopkins, Ronald Hopkins, Jack S. Davidson, for appellees.

HALL, Justice.

This appeal is from the denial of plaintiff's request for a writ of partitioning of 120 acres of land held by her as a tenant in common with her sister. The appeal is defective, however, in not including a proper order with both findings of fact and conclusions of law (Code Ann. § 81A-152). We therefore, remand the case for findings of fact and conclusions of law, without prejudice to the appellant's right to file another appeal. Doyal Development Co. v. Blair, 234 Ga. 261 ( 215 S.E.2d 471) (1975).

Appeal remanded with direction. All the Justices concur.

ARGUED MARCH 8, 1976 — DECIDED APRIL 6, 1976.