General Finance Corporation v. Hester

Full title: GENERAL FINANCE CORPORATION v. HESTER

Court: Court of Appeals of Georgia

Date published: Jan 23, 1976

223 S.E.2d 763 (Ga. Ct. App. 1976)

223 S.E.2d 763

Opinion

51616.

SUBMITTED JANUARY 14, 1976.

DECIDED JANUARY 23, 1976.

Foreclosure, etc. Cobb State Court. Before Judge Hines.

John A. Clark, for appellant.

Holcomb McDuff, Frank D. Holcomb, 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 upon entry of judgment. Leasing International, Inc. v. Plemons, 136 Ga. App. 455. This requirement is also applicable to the State Court of Cobb County. Code Ann. Ch. 24-21a; cf. Bell v. Stocks, 128 Ga. App. 799 ( 198 S.E.2d 209).

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 14, 1976 — DECIDED JANUARY 23, 1976.