Legal Opinion

FRED R. SURFACE & ASSOCIATES, INC. v. Worozbyt

Court of Appeals of Georgia

Decided January 9, 1979No. 56834PublishedCited by 6 opinions

1Opinion of the Court

Birdsong, Judge.

The trial court in this non-jury trial made no findings of fact or conclusions of law. A mere recitation of the events that took place at the trial does not satisfy the requirements of CPA § 52 (a) (Code Ann. § 81A-152 (a)) nor does another recitation in the order denying the motion for new trial. The Supreme Court has firmly and squarely held that findings of fact and conclusions of law are mandatory under CPA § 52 (a). Doyal Development Co. v. Blair, 234 Ga. 261 (215 SE2d 471). We remand this appeal with direction to the trial court to vacate its judgment, cause appropriate…

2Cases cited2 opinions

  1. Doyal Development Co. v. BlairSupreme Court of Georgia · 1975
  2. Graham v. TallentCourt of Appeals of Georgia · 1976

3Cited by6 opinions

  1. Marsh v. WayCourt of Appeals of Georgia · 1984
  2. Fred R. Surface & Associates, Inc. v. WorozbytCourt of Appeals of Georgia · 1979
  3. Broussard v. WilliamsCourt of Appeals of Georgia · 1982
  4. Cochran v. CochranCourt of Appeals of Georgia · 1980
  5. Woodruff v. BX CORPORATIONCourt of Appeals of Georgia · 1980

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