FRED R. SURFACE & ASSOCIATES, INC. v. Worozbyt

Court of Appeals of Georgia

FRED R. SURFACE & ASSOCIATES, INC. v. Worozbyt

252 S.E.2d 67, 148 Ga. App. 639, 1979 Ga. App. LEXIS 1584

CourtCourt of Appeals of Georgia

DecidedJanuary 9, 1979

Docket56834

StatusPublished

Cited by6 cases

This text of 252 S.E.2d 67 (FRED R. SURFACE & ASSOCIATES, INC. v. Worozbyt) 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.

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FRED R. SURFACE & ASSOCIATES, INC. v. Worozbyt, 252 S.E.2d 67, 148 Ga. App. 639, 1979 Ga. App. LEXIS 1584 (Ga. Ct. App. 1979).

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Opinion

Birdsong, Judge.

The trial court in this non-jury trial made no findings of fact or conclusions of law. A mere recitation of the events that took place at the trial does not satisfy the requirements of CPA § 52 (a) (Code Ann. § 81A-152 (a)) nor does another recitation in the order denying the motion for new trial. The Supreme Court has firmly and squarely held that findings of fact and conclusions of law are mandatory under CPA § 52 (a). Doyal Development Co. v. Blair, 234 Ga. 261 (215 SE2d 471). We remand this appeal with direction to the trial court to vacate its judgment, cause appropriate findings of fact and conclusions of law and enter a new judgment for which the losing party shall be free to enter another appeal. Graham v. Tallent, 137 Ga. App. 444 (224 SE2d 98).

Appeal remanded with direction.

Bell, C. J., and Shulman, J., concur.

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Birdsong, Judge.

The trial court in this non-jury trial made no findings of fact or conclusions of law. A mere recitation of the events that took place at the trial does not satisfy the requirements of CPA § 52 (a) (Code Ann. § 81A-152 (a)) nor does another recitation in the order denying the motion for new trial. The Supreme Court has firmly and squarely held that findings of fact and conclusions of law are mandatory under CPA § 52 (a). Doyal Development Co. v. Blair, 234 Ga. 261 (215 SE2d 471). We remand this appeal with direction to the trial court to vacate its judgment, cause appropriate findings of fact and conclusions of law and enter a new judgment for which the losing party shall be free to enter another appeal. Graham v. Tallent, 137 Ga. App. 444 (224 SE2d 98).

Appeal remanded with direction.

Bell, C. J., and Shulman, J., concur.

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252 S.E.2d 67, 148 Ga. App. 639, 1979 Ga. App. LEXIS 1584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fred-r-surface-associates-inc-v-worozbyt-gactapp-1979.

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