Greene v. Colonial Stores, Inc.

Court of Appeals of Georgia

Greene v. Colonial Stores, Inc.

232 S.E.2d 381, 141 Ga. App. 35, 1977 Ga. App. LEXIS 1747

CourtCourt of Appeals of Georgia

DecidedJanuary 14, 1977

Docket53250

StatusPublished

Cited by5 cases

This text of 232 S.E.2d 381 (Greene v. Colonial Stores, Inc.) 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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Greene v. Colonial Stores, Inc., 232 S.E.2d 381, 141 Ga. App. 35, 1977 Ga. App. LEXIS 1747 (Ga. Ct. App. 1977).

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Opinion

Webb, Judge.

This is an appeal from an order granting a motion to enforce a disputed settlement agreement with respect to the pending case in which the motion was filed and determined. One of the enumerations of error is that the trial court failed to make findings of fact and conclusions of law as required by CPA § 52 (a) (Code Ann. § 81A-152 (a)). In response appellee contends that the judgment appealed from is merely a decision of a motion exempted by § 52 (a) from its requirement of findings. However, where a settlement agreement is entered into, the parties are entitled to have it made the judgment of the court in an order finally terminating the case. Kapiloff v. Askin Stores, 202 Ga. 292, 297 (42 SE2d 724) (1947). Consequently we think such an order is something more *36 than a decision of a motion as contemplated by the exemption in § 52 (a), but rather is subject to the section’s requirement of findings of fact and separate conclusions of law.

Argued January 6, 1977 Decided January 14, 1977. Spruell, Feldman & White, B. L. Spruell, for appellant. Greene, Buckley, DeRieux & Jones, Burt DeRieux, Harold S. White, Jr., for appellee.

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 final judgment thereon, after which the losing party shall be free to enter another appeal. Liberty Mut. Ins. Co. v. Alsco Const. Co., 139 Ga. App. 786 (229 SE2d 559) (1976).

Appeal remanded with direction.

Deen, P. J., and Marshall, J., concur.

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Webb, Judge.

This is an appeal from an order granting a motion to enforce a disputed settlement agreement with respect to the pending case in which the motion was filed and determined. One of the enumerations of error is that the trial court failed to make findings of fact and conclusions of law as required by CPA § 52 (a) (Code Ann. § 81A-152 (a)). In response appellee contends that the judgment appealed from is merely a decision of a motion exempted by § 52 (a) from its requirement of findings. However, where a settlement agreement is entered into, the parties are entitled to have it made the judgment of the court in an order finally terminating the case. Kapiloff v. Askin Stores, 202 Ga. 292, 297 (42 SE2d 724) (1947). Consequently we think such an order is something more *36 than a decision of a motion as contemplated by the exemption in § 52 (a), but rather is subject to the section’s requirement of findings of fact and separate conclusions of law.

Argued January 6, 1977 Decided January 14, 1977. Spruell, Feldman & White, B. L. Spruell, for appellant. Greene, Buckley, DeRieux & Jones, Burt DeRieux, Harold S. White, Jr., for appellee.

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 final judgment thereon, after which the losing party shall be free to enter another appeal. Liberty Mut. Ins. Co. v. Alsco Const. Co., 139 Ga. App. 786 (229 SE2d 559) (1976).

Appeal remanded with direction.

Deen, P. J., and Marshall, J., concur.

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232 S.E.2d 381, 141 Ga. App. 35, 1977 Ga. App. LEXIS 1747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-colonial-stores-inc-gactapp-1977.

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