Fry v. J. I. Kislak Mortgage Corp.

Court of Appeals of Georgia

Fry v. J. I. Kislak Mortgage Corp.

307 S.E.2d 302, 167 Ga. App. 775, 1983 Ga. App. LEXIS 2611

CourtCourt of Appeals of Georgia

DecidedSeptember 7, 1983

Docket66601

StatusPublished

Cited by2 cases

This text of 307 S.E.2d 302 (Fry v. J. I. Kislak Mortgage Corp.) 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

Fry v. J. I. Kislak Mortgage Corp., 307 S.E.2d 302, 167 Ga. App. 775, 1983 Ga. App. LEXIS 2611 (Ga. Ct. App. 1983).

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Opinion

Carley, Judge.

Appellants appeal from the grant of a writ of possession to appellee.

1. Appellee’s motion to dismiss is denied.

2. The trial court failed to make findings of fact and conclusions of law. The record does not show that such findings and conclusions were waived. “Accordingly, the 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. [Cits.]” Forest v. Garner, 164 Ga. App. 396 (298 SE2d 259) (1982). See also Hall v. VNB Mtg. Corp., 167 Ga. App. 219 (306 SE2d 359) (1983).

Judgment remanded with direction.

Deen, P. J., and Banke, J., concur.

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Carley, Judge.

Appellants appeal from the grant of a writ of possession to appellee.

1. Appellee’s motion to dismiss is denied.

2. The trial court failed to make findings of fact and conclusions of law. The record does not show that such findings and conclusions were waived. “Accordingly, the 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. [Cits.]” Forest v. Garner, 164 Ga. App. 396 (298 SE2d 259) (1982). See also Hall v. VNB Mtg. Corp., 167 Ga. App. 219 (306 SE2d 359) (1983).

Judgment remanded with direction.

Deen, P. J., and Banke, J., concur.

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Bluebook (online)

307 S.E.2d 302, 167 Ga. App. 775, 1983 Ga. App. LEXIS 2611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fry-v-j-i-kislak-mortgage-corp-gactapp-1983.

Opinion

1. Appellee’s motion to dismiss is denied.

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