Legal Opinion · Concurrence

Georgia-Pacific Corp. v. Clark

Court of Appeals of Georgia

Decided June 30, 1986No. 71729Published

1ConcurrenceBeasley, Judge

I concur in the conclusion reached in Division 1 because the findings of fact were not sufficiently set forth in the award. OCGA § 34-9-102 (f) calls for “findings of fact and conclusions of law and any other necessary explanation of the action taken.”

A leading case which discusses this is Southeastern Express Co. v. Edmondson, 30 Ga. App. 697 (1) (119 SE 39) (1923). It was noted that where the award was structurally deficient, the case could be remanded “in order that the commission may state its findings upon the evidence previously taken.” Id. at 700. The court explained: “it is the duty…

2Cases cited8 opinions

  1. Spivey v. MaysonCourt of Appeals of Georgia · 1971
  2. Southeastern Express Co. v. EdmondsonCourt of Appeals of Georgia · 1923
  3. Atlanta Transit System, Inc. v. HarcourtCourt of Appeals of Georgia · 1956
  4. Dudley v. Sears, Roebuck & Co.Court of Appeals of Georgia · 1965
  5. Metropolitan Casualty Insurance v. DallasCourt of Appeals of Georgia · 1928

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