Frasier v. Department of Human Resources

• Decision Date: 18 June 1981
• Docket Number: No. 62339,62339
• Parties: FRASIER v. DEPARTMENT OF HUMAN RESOURCES.
• Court: Georgia Court of Appeals

Page 667

282 S.E.2d 667

159 Ga.App. 1

FRASIER v. DEPARTMENT OF HUMAN RESOURCES.

No. 62339.

Court of Appeals of Georgia.

June 18, 1981.

Joseph C. Kitchings, Public Defender, for appellant.

Arthur K. Bolton, Atty. Gen., Robert S. Stubbs, II, Executive Asst. Atty. Gen., Michael J. Bowers, Senior Asst. Atty. Gen., Don A. Langham, First Asst. Atty. Gen., Vivian Davidson Egan, Asst. Atty. Gen., William E. Callaway, Jr., Sp. Asst. Atty. Gen., for appellee.

QUILLIAN, Chief Judge.

This appeal is from the termination of appellant's parental rights. Held :

1. The appellant contends that the trial court failed to make findings of fact and conclusions of law as required by Code Ann. § 81A-152 (Ga.L.1969, pp. 645, 646; 1970, pp. 170, 171).

In Paxton v. Trust Co. Bank, 245 Ga. 834(1), 268 S.E.2d 154 the Supreme Court held: "Appellants contend that the trial court did not file its findings of facts and conclusions of law as required by Code Ann. § 81A-152(a). In reviewing the trial court's order which sets forth facts brought out at the brief hearing on this issue, we find that it sufficiently sets forth its findings of fact and conclusions of law thereon to satisfy the requirements of Code Ann. § 81A-152(a). See Doyal Development Co. v. Blair, 133 Ga.App. 613, 211 S.E.2d 642 (1974)." The Doyal Development Co. case cited as authority had been reversed by Doyal Development Co. v. Blair, 234 Ga. 261, 215 S.E.2d 471 which set forth the maxim: "In our opinion findings of fact and conclusions of law required by Code Ann. § 81A-152(a) are mandatory." We previously followed that decision in a long line of cases. See e. g., Hagin v. Powers, 136 Ga.App. 395, 221 S.E.2d 245; Oster v. Richs, Inc., 140 Ga.App. 373, 231 S.E.2d 140; Beasley v. Jones, 149 Ga.App. 317(1), 254 S.E.2d 472; and Cochran v. Cochran, 154 Ga.App. 326, 268 S.E.2d 728. The Supreme Court also adhered to that decision through Kennedy v. Brown, 239 Ga. 286(2), 236 S.E.2d 632.

However, Paxton, supra, has resurrected Doyal Development Co., 133 Ga.App. 613, 211 S.E.2d 642 and we are bound to follow that latest decision of our highest court. Hall v. Hopper, 234 Ga. 625, 631, 216 S.E.2d 839; Houston v. Lowes of Savannah, 235 Ga. 201, 203, 219 S.E.2d 115; Playmate Cinema v. State, 154 Ga.App. 871, 872, 269 S.E.2d 883. The trial judge's order was sufficient to satisfy the requirements of Code Ann. § 81A-152.

2. The judgment was authorized by the evidence.

Judgment affirmed.

McMURRAY, P. J., and POPE, J., concur.