Tele-Spot v. Garden Cities Corp.

Court of Appeals of Georgia

Tele-Spot v. Garden Cities Corp.

223 S.E.2d 273, 137 Ga. App. 238, 1976 Ga. App. LEXIS 2392

CourtCourt of Appeals of Georgia

DecidedJanuary 7, 1976

Docket51264

StatusPublished

Cited by4 cases

This text of 223 S.E.2d 273 (Tele-Spot v. Garden Cities 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

Tele-Spot v. Garden Cities Corp., 223 S.E.2d 273, 137 Ga. App. 238, 1976 Ga. App. LEXIS 2392 (Ga. Ct. App. 1976).

Pincite

Opinion

Stolz, Judge.

This appeal arises from a judgment by the Civil Court of Fulton County sitting without a jury or court reporter.

1. Appellant has enumerated as error the entry of a judgment claimed to be contrary to the evidence. This question requires consideration of the evidence, and, lacking a transcript, we would ordinarily have to affirm the trial court’s judgment, unless a supplementary transcript was filed pursuant to Code Ann. § 6-805 (Ga. L. 1965, pp. 18, 24). Medical Personnel Pool v. Middlebrooks, 133 Ga. App. 148 (210 SE2d 372).

2. However, the record discloses that no findings of fact and conclusions of law were made, nor was there a written waiver thereof, as required by Code Ann. § 81A-152(a) (Ga. L. 1970, pp. 170, 171) and by Ga. L. 1970, pp. 2446, 2447. Accordingly, this case is remanded with direction that the trial court vacate the judgment, prepare appropriate findings of fact and conclusions of law,and enter a new judgment thereon. Medical Personnel Pool v. Middlebrooks, supra; Stafford v. Mincy, 129 Ga. App. 646 (200 SE2d 502).

Appeal remanded with direction.

Deen, P. J., and Evans, J., concur. Argued September 29, 1975 Decided January 7, 1976. Hyatt & Rhoads, D. R. Sloan, Jr., for appellant. Robert A. Blackwood, III, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Stolz, Judge.

This appeal arises from a judgment by the Civil Court of Fulton County sitting without a jury or court reporter.

1. Appellant has enumerated as error the entry of a judgment claimed to be contrary to the evidence. This question requires consideration of the evidence, and, lacking a transcript, we would ordinarily have to affirm the trial court’s judgment, unless a supplementary transcript was filed pursuant to Code Ann. § 6-805 (Ga. L. 1965, pp. 18, 24). Medical Personnel Pool v. Middlebrooks, 133 Ga. App. 148 (210 SE2d 372).

2. However, the record discloses that no findings of fact and conclusions of law were made, nor was there a written waiver thereof, as required by Code Ann. § 81A-152(a) (Ga. L. 1970, pp. 170, 171) and by Ga. L. 1970, pp. 2446, 2447. Accordingly, this case is remanded with direction that the trial court vacate the judgment, prepare appropriate findings of fact and conclusions of law,and enter a new judgment thereon. Medical Personnel Pool v. Middlebrooks, supra; Stafford v. Mincy, 129 Ga. App. 646 (200 SE2d 502).

Appeal remanded with direction.

Deen, P. J., and Evans, J., concur. Argued September 29, 1975 Decided January 7, 1976. Hyatt & Rhoads, D. R. Sloan, Jr., for appellant. Robert A. Blackwood, III, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

223 S.E.2d 273, 137 Ga. App. 238, 1976 Ga. App. LEXIS 2392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tele-spot-v-garden-cities-corp-gactapp-1976.

Opinion

Related

Cite This Page — Counsel Stack