Donaldson v. Hopkins
| Decision Date | 25 September 1974 |
| Docket Number | No. 1,No. 49305,49305,1 |
| Citation | 209 S.E.2d 131,132 Ga.App. 713 |
| Parties | Sophie DONALDSON v. Willie H. HOPKINS |
| Court | Georgia Court of Appeals |
Feagin & Feagin, John E. Feagin, Jr., Atlanta, for appellant.
Guy J. Notte, Lithonia, for appellee.
Syllabus Opinion by the Court
This suit was brought to recover an alleged $7,000 debt based on a written agreement. The case was tried by the court without a jury. A judgment was entered for defendant which reads in part as follows:
Error is enumerated that the above findings of fact are insufficient. We agree. In a non-jury case, it is mandatory that the trial court make findings of fact and conclusions of law. CPA § 52(a) (Code Ann. § 81A-152(a)); Spivey v. Mayson, 124 Ga.App. 775, 186 S.E.2d 154. In Spivey, it was stated that one of the purposes of findings is as an aid in the appellate courts' review; and that findings should be inclusive enough to afford an intelligent review. The issue in this case is whether plaintiff made a loan to defendant in the amount of $7,000.00 and defendant failed to repay. The facts were in dispute. The order entered here recited no legal conclusions as required by the statute and no finding was made on the controlling issue as to whether there was an existing unpaid debt.
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. The losing party shall be free then to enter another appeal. Spivey v. Mayson, supra.
Appeal remanded with direction.
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