Shannondoah, Inc. v. Smith

Full title: SHANNONDOAH, INC. v. SMITH

Court: Court of Appeals of Georgia

Date published: Jan 26, 1976

224 S.E.2d 465 (Ga. Ct. App. 1976)

137 Ga. App. 378

Opinion

51687.

SUBMITTED JANUARY 15, 1976.

DECIDED JANUARY 26, 1976.

Action on account. DeKalb State Court. Before Judge Smith.

Louis F. Ricciuti, for appellant.

Burdine Lindsey, Wendell C. Lindsey, Roy H. Freeman, for appellee.

WEBB, Judge.

Section 52 (a) of the Civil Practice Act (Code Ann. § 81A-152 (a)) requires that in all actions in superior court tried upon the facts without a jury, with certain exceptions, the court shall find the facts specially and state separately its conclusions of law thereon upon entry of judgment. Leasing International, Inc. v. Plemons, 136 Ga. App. 455. This requirement is also applicable to the State Court of DeKalb County. Code Ann. §§ 24-2107a, 24-2101a, 24-2102a; Hagin v. Powers, 136 Ga. App. 395.

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 another appeal.

Appeal remanded with direction. Deen, P. J., and Quillian, J., concur.

SUBMITTED JANUARY 15, 1976 — DECIDED JANUARY 26, 1976.