Georgia Court of Appeals, 1980

Dorsey v. West

Dorsey v. West
Georgia Court of Appeals · Decided October 20, 1980 · Banke
156 Ga. App. 142; 273 S.E.2d 922; 1980 Ga. App. LEXIS 2914

Dorsey v. West

Opinion of the Court

Banke, Judge.

The appellants appeal a final judgment entered against them following a non-jury trial. However, the findings of fact and conclusions of law required by Code Ann. § 81A-152 (a) (Ga. L. 1969, pp. 645,646; 1970, pp. 170,171) were neither made nor waived. “This requires that the case be remanded with direction that the trial judge vacate the judgment and prepare, or cause to be prepared, appropriate findings of fact and conclusions of law, and enter a new judgment thereon, after which the losing party shall be free to enter a new appeal. [Cits.]” Medical Personnel Pool v. Middlebrooks, 133 Ga. App. 148, 149 (210 SE2d 372) (1974).

Judgment vacated with direction.

McMurray, P. J., and Smith, J., concur.

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