However, dismissal of the action rendered a hearing on the merits and compliance with OCGA § 9-11-52 moot. See Walker v. Walker, 238 Ga. 273, 274 (1) ( 232 SE2d 554) (1977); Uniform Superior Court Rule 6.3. 6. Nally urges that the trial court erred in failing to recognize that a default existed when a timely answer to his complaint was not filed. Under OCGA § 9-11-55 (a), a default exists when an answer is not filed "`within 30 days after service of the summons and complaint.`[Cit.
3. It was not incumbent upon the superior court to render findings of fact and conclusions of law in dismissing the petition for mandamus. See Walker v. Walker, 238 Ga. 273 ( 232 SE2d 554) (1977) (findings and conclusions are unnecessary in deciding motions to dismiss, summary judgment, or other motions except as provided in OCGA § 9-11-41 (b)); OCGA 9-11-52 (a) (upon request of party, courts shall make findings and conclusions in ruling on interlocutory injunctions and nonjury trials). Judgment affirmed. All the Justices concur.
An appeal from this same divorce judgment has been decided by this court in favor of the appellee. Walker v. Walker, 238 Ga. 273 ( 232 S.E.2d 554) (1977). Appellant and appellee were divorced on July 30, 1976. Appellee was given custody of the minor child, awarded $40 per week in child support, and awarded $250 in attorney fees.
In other cases, while the case was pending in this court we have requested the trial judge to make findings of fact and conclusions of law and file them in the trial court clerk's office, to be transmitted to this court. Walker v. Walker, 238 Ga. 273, 274 (2) ( 232 S.E.2d 554) (1977); Barger v. Barger, 238 Ga. 334 (2) ( 232 S.E.2d 567) (1977). In other cases, we have reversed the judgment and remanded the case for the entry of a new judgment which will include findings of fact and conclusions of law, with the right of appeal from that judgment.
1. Her claim regarding the superior court's failure to make findings of fact and conclusions of law pursuant to OCGA § 9-11-52 (a) is without merit. Such findings are not required when a trial court rules on a motion to dismiss under OCGA § 9-11-12 (b) (6). Walker v. Walker, 238 Ga. 273, 274 (1) ( 232 SE2d 554) (1977). Further, even if OCGA § 9-11-52 (a) had applied, this Code section only requires a superior court to make findings of fact and conclusions of law upon request.
1. The court was not required to give legal or factual reasons for dismissing appellant's counterclaim. See OCGA § 9-11-52; Walker v. Walker, 238 Ga. 273, 274 (1) ( 232 S.E.2d 554) (1977). 2.
OCGA § 5-6-46 (Code Ann. § 6-1002); Simpson v. Simpson, 233 Ga. 17 ( 209 S.E.2d 611) (1974); Jackson v. Martin, 225 Ga. 170 ( 167 S.E.2d 135) (1969); Brown v. Wilson Chevrolet-Olds, 150 Ga. App. 525 ( 258 S.E.2d 139) (1979). See also Walker v. Walker, 238 Ga. 273 ( 232 S.E.2d 554) (1977); Cohran v. Carlin, 160 Ga. App. 762 ( 288 S.E.2d 81) (1981). The trial court's subsequent action in entertaining and ruling on appellants' motion for reconsideration and to vacate was therefore a nullity.
As such, there was no requirement as per Code Ann. § 81A-152 (CPA § 52) that the trial court make findings of fact or conclusions of law. Walker v. Walker, 238 Ga. 273, 274 ( 232 S.E.2d 554); Rowland v. Kellos, 236 Ga. 799 (5) ( 225 S.E.2d 302). 2. It is true that Code Ann. § 46-103 contemplates personal service by the sheriff, marshall or constable or like officer of the court in the county in which service is made.
2. The trial court was not required to enter findings of fact and conclusions of law in ruling on a motion for summary judgment under Code Ann. § 81A-156 (Ga. L. 1966, pp. 609, 660; 1967, pp. 226, 238; 1975, pp. 757, 759). Walker v. Walker, 238 Ga. 273 ( 232 S.E.2d 554). Judgment reversed. Smith and Banke, JJ., concur.
Findings of fact and conclusions of law are unnecessary on decisions on motions under Code Ann. § 81A-112 or any other motion except as provided in § 81A-141 (b). Under the facts of this case, the trial court was not required to enter findings of fact or conclusions of law. Walker v. Walker, 238 Ga. 273, 274 (1) ( 232 S.E.2d 554); Rowland v. Kellos, 236 Ga. 799 (5) ( 225 S.E.2d 302). Appeal dismissed. Bell, C. J., and Shulman, J., concur.