Jackson v. Jackson

Court of Appeals of Georgia

Jackson v. Jackson

244 S.E.2d 91, 145 Ga. App. 564, 1978 Ga. App. LEXIS 2039

CourtCourt of Appeals of Georgia

DecidedApril 4, 1978

Docket55269

StatusPublished

Cited by3 cases

This text of 244 S.E.2d 91 (Jackson v. Jackson) 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

Jackson v. Jackson, 244 S.E.2d 91, 145 Ga. App. 564, 1978 Ga. App. LEXIS 2039 (Ga. Ct. App. 1978).

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Opinion

Birdsong, Judge.

1. "In ruling on deprivation petitions, findings of fact should be made in accordance with CPA § 52 (a), Code Ann. § 81A-152 (a) (Ga. L. 1969, pp. 645, 646; 1970, pp. 170, 171). Code Ann. § 24A-2201 (a) (Ga. L. 1971, pp. 709, [565]*565732); Crook v. Dept. of Human Resources, 137 Ga. App. 817 (224 SE2d 806) (1976); see Coleman v. Coleman, 238 Ga. 183 (232 SE2d 57) (1977).” W. R. G. v. State of Ga., 142 Ga. App. 81 (235 SE2d 43). The trial judge failed to make such findings of fact and conclusions of law. We do not consider the following to comply with the criteria enunciated in the above-cited sources. "The court finds that the Respondent, [K. M. J.], the mother of [J. L. J.], is not a fit person to have the custody of the said [J. L. J.].” See In the Interest of: A. A. G., 143 Ga. App. 648 (239 SE2d 697). Accordingly, the appeal is remanded to the trial court with direction that it vacate the judgment, prepare appropriate findings of fact, and enter a new judgment.

Submitted January 30, 1978 Decided April 4, 1978. Carlisle & Newton, John R. Carlisle, for appellant. Lynn W. Wilson, for appellee.

2. In view of the foregoing, remaining enumerations of error are not now considered. In The Interest of: A.A.G., supra.

Remanded with direction.

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

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Birdsong, Judge.

1. "In ruling on deprivation petitions, findings of fact should be made in accordance with CPA § 52 (a), Code Ann. § 81A-152 (a) (Ga. L. 1969, pp. 645, 646; 1970, pp. 170, 171). Code Ann. § 24A-2201 (a) (Ga. L. 1971, pp. 709, [565]*565732); Crook v. Dept. of Human Resources, 137 Ga. App. 817 (224 SE2d 806) (1976); see Coleman v. Coleman, 238 Ga. 183 (232 SE2d 57) (1977).” W. R. G. v. State of Ga., 142 Ga. App. 81 (235 SE2d 43). The trial judge failed to make such findings of fact and conclusions of law. We do not consider the following to comply with the criteria enunciated in the above-cited sources. "The court finds that the Respondent, [K. M. J.], the mother of [J. L. J.], is not a fit person to have the custody of the said [J. L. J.].” See In the Interest of: A. A. G., 143 Ga. App. 648 (239 SE2d 697). Accordingly, the appeal is remanded to the trial court with direction that it vacate the judgment, prepare appropriate findings of fact, and enter a new judgment.

Submitted January 30, 1978 Decided April 4, 1978. Carlisle & Newton, John R. Carlisle, for appellant. Lynn W. Wilson, for appellee.

2. In view of the foregoing, remaining enumerations of error are not now considered. In The Interest of: A.A.G., supra.

Remanded with direction.

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

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244 S.E.2d 91, 145 Ga. App. 564, 1978 Ga. App. LEXIS 2039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-jackson-gactapp-1978.

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