Stafford v. Mincy

Full title: STAFFORD et al. v. MINCY et al

Court: Court of Appeals of Georgia

Date published: Sep 14, 1973

200 S.E.2d 502 (Ga. Ct. App. 1973)

200 S.E.2d 502

Opinion

48503.

SUBMITTED SEPTEMBER 5, 1973.

DECIDED SEPTEMBER 14, 1973.

Action on contract. Fulton Civil Court. Before Judge Bradford.

W. M. Mathews, Jr., for appellants.

Powell, Goldstein, Frazer Murphy, Frank Love, Jr., for appellees.

STOLZ, Judge.

The defendants appeal from a judgment of the Civil Court of Fulton County rendered by the trial judge sitting as trier of fact without a jury.

A review of the record discloses that the findings of fact and conclusions of law required by Code Ann. § 81A-152 (a) (Ga. L. 1969, pp. 645, 646; 1970, pp. 170, 171) were not made. Nor does it appear that there was a written waiver thereof.

Accordingly, the case is remanded with direction that the trial judge vacate the judgment and prepare, or cause to be prepared, appropriate findings of fact and conclusions of law, and enter judgment thereon.

Appeal remanded with direction. Eberhardt, P. J., and Pannell, J., concur.

SUBMITTED SEPTEMBER 5, 1973 — DECIDED SEPTEMBER 14, 1973.