Fairburn Banking Co. v. Upton
Fairburn Banking Co. v. Upton
Opinion of the Court
Patricia Upton filed a claim to property which the Fairburn Banking Company had levied upon pursuant to a judgment it had obtained against Robert Upton. Fairburn Banking Company appeals from the trial court’s order finding in favor of Upton.
The case was tried in the State Court of Clayton County without a jury. Appellant contends that the trial court erred by failing to make findings of fact and conclusions of law. The trial court was required to set forth findings of fact and conclusions of law pursuant to
“Since the trial court failed to make the required findings and since that requirement was not waived, ‘the appeal is remanded with direction that the trial judge vacate the judgment, 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 another appeal if [it] should wish to do so.’ [Cit.]” C & H Couriers, supra at 854.
Because the judgment must be remanded for further proceedings, it is unnecessary for us to consider appellant’s other enumeration of error.
Case remanded with direction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.