Opinion
51356.
SUBMITTED OCTOBER 7, 1975.
DECIDED NOVEMBER 5, 1975.
Lease agreement. Fulton Civil Court. Before Judge Webb.
Moffett, Henderson, Jones Barnwell, C. Cyrus Malone, for appellant.
Miles B. Sams, for appellee.
In this case which was tried to the court without a jury, the trial court erred in entering judgment without specially finding the facts and stating separately its conclusions of law. CPA § 52 (a) (Code Ann. § 81A-152 (a)); Doyal Development Co. v. Blair, 234 Ga. 261 ( 215 S.E.2d 471); Reid v. Minter, 135 Ga. App. 763; Hagin v. Powers, 136 Ga. App. 395. For guidance in preparing the findings and conclusions, see, in addition to the cases cited above, Spivey v. Mayson, 124 Ga. App. 775 ( 186 S.E.2d 154); U.S. F. G. Co. v. Gentile, 134 Ga. App. 318 ( 214 S.E.2d 406); Donaldson v. Hopkins, 132 Ga. App. 713 ( 209 S.E.2d 131); Bituminous Cas. Corp. v. J. B. Forrest Sons, 132 Ga. App. 714 ( 209 S.E.2d 6); Philips c. Corp. v. Production 70's, 133 Ga. App. 765 ( 213 S.E.2d 35). See also cases collected in Hagin v. Powers, 134 Ga. App. 609 ( 215 S.E.2d 346).
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. Bell, C. J., and Marshall, J., concur.