Kirkland v. Lee

I

As to Burch

I must respectfully beg to differ from the majority opinion in its construction of Burch v. Terrell, 154 Ga. App. 299 (267 SE2d 901) (1980), to the extent that it. holds that “Burch stands for the proposition that under existing Code Ann. § 74-405 (b) the trial court must make a specific finding that the parent’s failure to communicate with or support his child was ‘without justifiable cause,’ ” in the apparent belief that such would apply to all future cases involving Code Ann. § 74-405 (b). Burch did not so hold and if it had the statement would have been obiter. The language…