General Finance Corporation v. Hester

Court of Appeals of Georgia

General Finance Corporation v. Hester

223 S.E.2d 763, 137 Ga. App. 367, 1976 Ga. App. LEXIS 2446

CourtCourt of Appeals of Georgia

DecidedJanuary 23, 1976

Docket51616

StatusPublished

Cited by4 cases

This text of 223 S.E.2d 763 (General Finance Corporation v. Hester) 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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General Finance Corporation v. Hester, 223 S.E.2d 763, 137 Ga. App. 367, 1976 Ga. App. LEXIS 2446 (Ga. Ct. App. 1976).

Pincite

Opinion

Webb, Judge.

Section 52 (a) of the Civil Practice Act (Code Ann. § 81A-152 (a)) requires that in all actions in superior court tried upon the facts without a jury, with certain exceptions, the court shall find the facts specially and state separately its conclusions of law upon entry of judgment. Leasing International, Inc. v. Plemons, 136 Ga. App. 455. This requirement is also applicable to the State Court of Cobb County. Code Ann. Ch. 24-21a; cf. Bell v. Stocks, 128 Ga. App. 799 (198 SE2d 209).

We remand the appeal with direction that the trial court vacate the judgment, cause appropriate findings of fact and conclusions of law to be made, and enter a new judgment thereon, after which the losing party shall be *368 free to enter another appeal.

Submitted January 14, 1976 Decided January 23, 1976. John A. Clark, for appellant. Holcomb & McDuff, Frank D. Holcomb, for appellee.

Appeal remanded with direction.

Deen, P. J., and Quillian, J., concur.

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