Narrative Opinion Summary
Findings of fact and conclusions of law are mandated under the Civil Practice Act (CPA), specifically referenced in Code Ann. § 81A-152 (a). The case Doyal Development Co. v. Blair, 234 Ga. 261 (215 SE2d 471), establishes this requirement. The court remands the appeal, directing the trial court to vacate the existing judgment, create the necessary findings of fact and conclusions of law, and issue a new judgment. Following this process, the losing party will have the right to file a subsequent appeal. The decision is supported by Judge Deen and Judge Quillian.
Legal Issues Addressed
Procedure upon Remand for Failing to Provide Findings of Factsubscribe to see similar legal issues
Application: The trial court is instructed to vacate the current judgment and create the necessary findings of fact and conclusions of law, after which a new judgment should be issued, allowing the losing party the opportunity for a subsequent appeal.
Reasoning: The court remands the appeal, directing the trial court to vacate the existing judgment, create the necessary findings of fact and conclusions of law, and issue a new judgment.
Requirement for Findings of Fact and Conclusions of Law under CPAsubscribe to see similar legal issues
Application: The court mandates that findings of fact and conclusions of law must be made pursuant to the Civil Practice Act, necessitating the trial court to vacate its existing judgment and provide these findings before issuing a new judgment.
Reasoning: Findings of fact and conclusions of law are mandated under the Civil Practice Act (CPA), specifically referenced in Code Ann. § 81A-152 (a).
Right to Appeal Following Compliance with CPAsubscribe to see similar legal issues
Application: Once the trial court has provided the requisite findings of fact and conclusions of law and issued a new judgment, the losing party is granted the right to file a subsequent appeal.
Reasoning: Following this process, the losing party will have the right to file a subsequent appeal.