Opinion
51094.
ARGUED SEPTEMBER 4, 1975.
DECIDED OCTOBER 20, 1975.
Breach of warranty, etc. Fulton Civil Court. Before Judge Bradford.
Joe H. Bynum, Jr., for appellants.
Hicks Scroggins, John H. Hicks, for appellees.
This action was tried in the Civil Court of Fulton County before the court without a jury. At the conclusion of plaintiffs' presentation of the evidence, defendant moved for a dismissal on the ground that upon the facts and the law plaintiffs had shown no right to relief. See Code Ann. § 81A-141 (b). The court granted defendant's motion and rendered judgment against plaintiffs. In doing so, however, there was an oversight because the court failed to comply with the mandatory requirements of Code Ann. § 81A-152 (a) in that there were no findings of fact and statement of conclusions of law. This statute applies to cases in the Civil Court of Fulton County where the amount involved is $300 or more. Spivey v. Mayson, 124 Ga. App. 775 ( 186 S.E.2d 154). Accordingly, we must remand this case to the trial court with direction that the present judgment be vacated and necessary findings of fact and conclusions of law be entered as a part of a new judgment. Lawyers Co-operative Publishing Co. v. Bekins Moving c. Co., 135 Ga. App. 12 ( 217 S.E.2d 372); see Doyal Development Co. v. Blair, 234 Ga. 261 ( 215 S.E.2d 471). Thereafter another appeal may be taken by the losing party. Booker v. J. T. Bickers Realty Co., 127 Ga. App. 614 ( 194 S.E.2d 490).
Appeal remanded with direction. Pannell, P. J., and Quillian, J., concur.