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Mallett v. Fulford

Court of Appeals of Georgia
Sep 21, 1978
248 S.E.2d 543 (Ga. Ct. App. 1978)

Opinion

56468.

ARGUED SEPTEMBER 6, 1978.

DECIDED SEPTEMBER 21, 1978.

Confirmation of sale. Carroll Superior Court. Before Judge Jackson.

G. Michael Hartley, William L. Martin, III, for appellant.

Hollis B. Johnson, for appellee.


Appeal was taken from the judgment confirming a foreclosure sale. Omitted from the judgment were findings of fact and conclusions of law which are mandatory in such proceedings. Pruitt v. First Nat. Bank, 142 Ga. App. 100 ( 235 S.E.2d 617). The judgment is therefore vacated and the case remanded with direction that a new judgment be entered containing findings of fact and conclusions of law, with right of appeal to the losing party. Dixie-Land Iron c. Co. v. Piedmont Iron c. Co., 233 Ga. 970 ( 213 S.E.2d 897).

Judgment vacated and the case remanded with direction. Webb and McMurray, JJ., concur.

ARGUED SEPTEMBER 6, 1978 — DECIDED SEPTEMBER 21, 1978.


Summaries of

Mallett v. Fulford

Court of Appeals of Georgia
Sep 21, 1978
248 S.E.2d 543 (Ga. Ct. App. 1978)
Case details for

Mallett v. Fulford

Case Details

Full title:MALLETT v. FULFORD

Court:Court of Appeals of Georgia

Date published: Sep 21, 1978

Citations

248 S.E.2d 543 (Ga. Ct. App. 1978)
248 S.E.2d 543

Citing Cases

Mallett v. Fulford

This is the third appearance of the case in this court. See Mallett v. Fulford, 142 Ga. App. 200 ( 235 S.E.2d…