Bourdon v. Plank

Court of Appeals of Georgia

Bourdon v. Plank

318 S.E.2d 312, 170 Ga. App. 711, 1984 Ga. App. LEXIS 2003

CourtCourt of Appeals of Georgia

DecidedApril 19, 1984

Docket67617, 67619

StatusPublished

This text of 318 S.E.2d 312 (Bourdon v. Plank) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bourdon v. Plank, 318 S.E.2d 312, 170 Ga. App. 711, 1984 Ga. App. LEXIS 2003 (Ga. Ct. App. 1984).

Pincite

Opinion

Pope, Judge.

Both parties to this action appeal from a judgment entered in favor of Bourdon by the trial court without the intervention of a jury. Although both parties assert that the judgment entered by the trial court is in the amount of $4,987.43, the judgment of record is in the amount of $5,984.91 plus interest. A further review of the record discloses that findings of fact and conclusions of law mandated by OCGA § 9-11-52 (a) were not made. See generally Doyal Development Co. v. Blair, 234 Ga. 261 (215 SE2d 471) (1975). Nor does it appear that there has been a written waiver thereof. Therefore, this case is remanded with direction that the trial court vacate the judgment and prepare, or cause to be prepared, appropriate findings of fact and conclusions of law, and enter judgment thereon. Stafford v. Mincy, 129 Ga. App. 646, 647 (200 SE2d 502) (1973); Spivey v. Mayson, 124 Ga. App. 775 (186 SE2d 154) (1971). Thereafter, any party aggrieved by the judgment shall be free to enter another appeal if he should wish to do so. See Booker v. J. T. Bickers Realty Co., 127 Ga. App. 614, 617 (194 SE2d 490) (1972).

Case remanded with direction.

Banke, P. J., and Benham, J., concur. [712]*712Decided April 19, 1984. Richard B. Miller, for appellant. Carl A. Veline, Jr., for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Pope, Judge.

Both parties to this action appeal from a judgment entered in favor of Bourdon by the trial court without the intervention of a jury. Although both parties assert that the judgment entered by the trial court is in the amount of $4,987.43, the judgment of record is in the amount of $5,984.91 plus interest. A further review of the record discloses that findings of fact and conclusions of law mandated by OCGA § 9-11-52 (a) were not made. See generally Doyal Development Co. v. Blair, 234 Ga. 261 (215 SE2d 471) (1975). Nor does it appear that there has been a written waiver thereof. Therefore, this case is remanded with direction that the trial court vacate the judgment and prepare, or cause to be prepared, appropriate findings of fact and conclusions of law, and enter judgment thereon. Stafford v. Mincy, 129 Ga. App. 646, 647 (200 SE2d 502) (1973); Spivey v. Mayson, 124 Ga. App. 775 (186 SE2d 154) (1971). Thereafter, any party aggrieved by the judgment shall be free to enter another appeal if he should wish to do so. See Booker v. J. T. Bickers Realty Co., 127 Ga. App. 614, 617 (194 SE2d 490) (1972).

Case remanded with direction.

Banke, P. J., and Benham, J., concur. [712]*712Decided April 19, 1984. Richard B. Miller, for appellant. Carl A. Veline, Jr., for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

318 S.E.2d 312, 170 Ga. App. 711, 1984 Ga. App. LEXIS 2003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourdon-v-plank-gactapp-1984.

Opinion

Related

Cite This Page — Counsel Stack