Mathis v. Citizens Dekalb Bank

Full title: MATHIS et al. v. CITIZENS DEKALB BANK

Court: Court of Appeals of Georgia

Date published: Feb 27, 1981

157 Ga. App. 693 (Ga. Ct. App. 1981)

278 S.E.2d 500

Opinion

61142.

DECIDED FEBRUARY 27, 1981.

Confirmation of sale. Rockdale Superior Court. Before Judge Henley.

Robert A. Bartlett, for appellants.

Lucian Lamar Sneed, Leon W. Clifton, for appellee.

SOGNIER, Judge.

Appellant, inter alia, complains that the trial court erred in entering a judgment confirming the sale of real property under power without first finding the facts specifically and in failing to state separately his conclusions of law, as required by Code Ann. § 81A-152. The trial court's order fails in this regard. Pruitt v. First Nat. Bank of Habersham County, 142 Ga. App. 100 ( 235 S.E.2d 617) (1977).

The judgment below is vacated and the trial court is directed to enter a new judgment based on findings of fact and conclusions of law in accordance with Code Ann. § 81A-152 (a). All rights of appeal are preserved.

Judgment vacated with direction. Shulman, P. J., and Birdsong, J., concur.

SOGNIER, Judge.

DECIDED FEBRUARY 27, 1981.