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Fred R. Surface Associates, Inc. v. Worozbyt

Court of Appeals of Georgia
Jan 9, 1979
252 S.E.2d 67 (Ga. Ct. App. 1979)

Opinion

56834.

SUBMITTED OCTOBER 30, 1978.

DECIDED JANUARY 9, 1979.

Action on contract. Fulton State Court. Before Judge Lambros.

Novy Rumsey, Eugene Novy, Penelope W. Rumsey, for appellant.

Marvin P. Nodvin, for appellee.


The trial court in this non-jury trial made no findings of fact or conclusions of law. A mere recitation of the events that took place at the trial does not satisfy the requirements of CPA § 52 (a) (Code Ann. § 81A-152 (a)) nor does another recitation in the order denying the motion for new trial. The Supreme Court has firmly and squarely held that findings of fact and conclusions of law are mandatory under CPA § 52 (a). Doyal Development Co. v. Blair, 234 Ga. 261 ( 215 S.E.2d 471). We remand this appeal with direction to the trial court to vacate its judgment, cause appropriate findings of fact and conclusions of law and enter a new judgment for which the losing party shall be free to enter another appeal. Graham v. Tallent, 137 Ga. App. 444 ( 224 S.E.2d 98).

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

SUBMITTED OCTOBER 30, 1978 — DECIDED JANUARY 9, 1979.


Summaries of

Fred R. Surface Associates, Inc. v. Worozbyt

Court of Appeals of Georgia
Jan 9, 1979
252 S.E.2d 67 (Ga. Ct. App. 1979)
Case details for

Fred R. Surface Associates, Inc. v. Worozbyt

Case Details

Full title:FRED R. SURFACE ASSOCIATES, INC. v. WOROZBYT

Court:Court of Appeals of Georgia

Date published: Jan 9, 1979

Citations

252 S.E.2d 67 (Ga. Ct. App. 1979)
148 Ga. App. 639

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