Hagin v. Powers, 51187
| Decision Date | 03 November 1975 |
| Docket Number | No. 51187,No. 1,51187,1 |
| Citation | 136 Ga.App. 395,221 S.E.2d 245 |
| Parties | James HAGIN et al. v. Dottie M. POWERS et al |
| Court | Georgia Court of Appeals |
Savell, Williams, Cox & Angel, Edward L. Savell, Atlanta, William E. Zachary, Jr., Decatur, for appellants.
Robert D. Brooks, Atlanta, Robert E. Andrews, Gainesville, for appellees.
In a prior appearance of this case we remanded the appeal to the State Court of DeKalb County for a finding on a material issue. Hagin v. Powers, 134 Ga.App. 609, 215 S.E.2d 346. In that opinion we said: 'Compare Doyal Development Co. v. Blair, 133 Ga.App. 613, 211 S.E.2d 642 (cert. granted Jan. 30, 1975, Sup.Ct. No. 29717), where we declined to remand for the curing of formal defects.' The Supreme Court at 234 Ga. 261, 215 S.E.2d 471 reversed our decision in Blair; and this case, like Reid v. Minter, 135 Ga.App. 763, 219 S.E.2d 15 is a casualty of that decision. As we said in Reid, supra: '(I)t is now firmly established that findings of fact and conclusions of law required by Code Ann. § 81A-152(a) are mandatory; that the facts must be found specially; and that conclusions of law must be stated separately, regardless of whether the order otherwise is sufficient for purposes of review.' CPA § 52(a) is applicable to the State Court of DeKalb County. Bell v. Stocks, 128 Ga.App. 799, 198 S.E.2d 209.
Here, as in Blair and Reid, the conclusions of law are not stated separately. Consequently we must remand the appeal with direction that the trial court vacate the judgments, cause appropriate findings of fact and conclusions of law to be made, and enter new judgments thereon, after which the losing parties shall be free to enter another appeal.
Appeal remanded with direction.
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Hagin v. Powers
...findings of fact and conclusions of law. Hagin v. Powers, 134 Ga.App. 609, 215 S.E.2d 346. On its second appearance at 136 Ga.App. 395, 221 S.E.2d 245, it was again remanded for the formal separation of the findings of fact from the conclusions of law as required by Doyal Development Co. v.......
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Leasing Intern. Inc. v. Plemons
...Doyal Development Co. v. Blair, 234 Ga. 261, 215 S.E.2d 471; Reid v. Minter 135 Ga.App. 763, 219 S.E.2d 176; Hagin v. Powers, 136 Ga.App. 395, 221 S.E.2d 245. For guidance in preparing the findings and conclusions, see, in addition to the cases cited above, Spivey v. Mayson, 124 Ga.App. 775......
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Frasier v. Department of Human Resources
...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. Co......
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Salvador v. Wals, 52449
...663. This requirement is also applicable to the State Court of DeKalb County. Code Ann. §§ 24-2107a, 24-2101a, 24-2102a; Hagin v. Powers, 136 Ga.App. 395, 221 S.E.2d 245.' Shannondoah, Inc. v. Smith, 137 Ga.App. 378, 224 S.E.2d 465. And, it applies where the court enters an involuntary dism......