Liberty Mut. Ins. Co. v. Alsco Const. Co., Inc., 52723
| Decision Date | 04 October 1976 |
| Docket Number | No. 52723,No. 3,52723,3 |
| Citation | 139 Ga.App. 786,229 S.E.2d 559 |
| Parties | LIBERTY MUTUAL INSURANCE COMPANY v. ALSCO CONSTRUCTION COMPANY, INC., et al |
| Court | Georgia Court of Appeals |
Bennet, Gilbert, Gilbert, Whittle, Harrell & Gayner, Wallace E. Harrell, William R. Waldrop, Brunswick, for appellant.
Fending, Dickey, Fending & Whelchel, J. Thomas Whelchel, James G. Williams, Brunswick, for appellees.
In this case tried before the court without a jury, the parties entered into a stipulation of facts for the convenience of the court. However, the court failed to adopt the stipulation as its own findings of fact, 1 nor did it set forth its own findings. Consequently, we remand this appeal with direction that the trial court vacate the judgment, cause appropriate findings of fact and conclusions of law to be made, and enter a new judgment thereon, after which the losing party shall be free to enter another appeal. CPA § 52(a) (Code Ann. § 81A-152(a)); Hagin v. Powers, 136 Ga.App. 395, 221 S.E.2d 245 (1975).
Appeal remanded with direction.
1 Even assuming, for the purpose of argument, that the adoption of some 50 pages of material would be a proper compliance with CPA § 52(a). But see Spivey v. Mayson, 124 Ga.App. 775, 776, 186 S.E.2d 154 (1971).
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...enter a new judgment thereon, after which the losing party shall be free to enter another appeal. Liberty Mutual Ins. Co. v. Alsco Construction Co., 139 Ga.App. 786, 229 S.E.2d 559 (1976) and authorities Appeal remanded with direction. DEEN, P. J., and MARSHALL, J., concur. ...
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