Wiles v. Brothers

Full title: WILES et al. v. BROTHERS

Court: Court of Appeals of Georgia

Date published: Nov 18, 1975

222 S.E.2d 148 (Ga. Ct. App. 1975)

136 Ga. App. 631

Opinion

51494.

SUBMITTED NOVEMBER 3, 1975.

DECIDED NOVEMBER 18, 1975.

Adoption. Coweta Superior Court. Before Judge Knight.

Johnson, Beckham Prince, W. P. Johnson, E. Carl Prince, Jr., for appellants.

Henry N. Payton, for appellee.

WEBB, Judge.

In this contested adoption case, the trial court erred in failing to make findings of fact and conclusions of law as required by CPA § 52 (a) (Code Ann. § 81A-152 (a)). Githens v. Githens, 234 Ga. 715 ( 217 S.E.2d 291); Avery v. Avery, 234 Ga. 729 ( 218 S.E.2d 19). We remand the appeal with direction that the trial court vacate the judgment, cause appropriate findings of fact and conclusions of law to be made, and enter a new judgment thereon, after which the losing party shall be free to enter a new appeal. Hagin v. Powers, 136 Ga. App. 395, and cases cited.

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

SUBMITTED NOVEMBER 3, 1975 — DECIDED NOVEMBER 18, 1975.