Home/Court of Appeals of Georgia/Shannondoah, Inc. v. Smith

Shannondoah, Inc. v. Smith

224 S.E.2d 465, 137 Ga. App. 378, 1976 Ga. App. LEXIS 2452
CourtCourt of Appeals of Georgia
DecidedJanuary 26, 1976
Docket51687
StatusPublished
Cited by5 cases

This text of 224 S.E.2d 465 (Shannondoah, Inc. v. Smith) 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
Shannondoah, Inc. v. Smith, 224 S.E.2d 465, 137 Ga. App. 378, 1976 Ga. App. LEXIS 2452 (Ga. Ct. App. 1976).

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 thereon upon entry of judgment. Leasing International, Inc. v. Plemons, 136 Ga. App. 455. This requirement is also applicable to the State Court of DeKalb County. Code Ann. §§ 24-2107a, 24-2101a, 24-2102a; Hagin v. Powers, 136 Ga. App. 395.

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 free to enter another appeal.

Appeal remanded with direction.

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

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Shannondoah, Inc. v. Smith
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Cite This Page — Counsel Stack

Bluebook (online)
224 S.E.2d 465, 137 Ga. App. 378, 1976 Ga. App. LEXIS 2452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannondoah-inc-v-smith-gactapp-1976.