Mallett v. Fulford

Decision Date21 September 1978
Docket NumberNo. 56468,56468
Citation248 S.E.2d 543,147 Ga.App. 263
PartiesMALLETT v. FULFORD.
CourtGeorgia Court of Appeals

G. Michael Hartley, William L. Martin, III, Douglasville, for appellant.

Hollis B. Johnson, Carrollton, for appellee.

QUILLIAN, Presiding Judge.

Appeal was taken from a judgment confirming a foreclosure sale. Omitted from the judgment were findings of fact and conclusions of law which are mandatory in such proceedings. Pruitt v. First Nat. Bank, 142 Ga.App. 100, 235 S.E.2d 617. The judgment is therefore vacated and the case remanded with direction that a new judgment be entered containing findings of fact and conclusions of law, with right of appeal to the losing party. Dixie-Land Iron, etc., Co. v. Piedmont Iron, etc., Co., 233 Ga. 970, 213 S.E.2d 897.

Judgment vacated and the case remanded with direction.

WEBB and McMURRAY, JJ., concur.

To continue reading

Request your trial
2 cases
  • Mallett v. Fulford, 57353
    • United States
    • Georgia Court of Appeals
    • July 3, 1979
    ...381). This is the third appearance of the case in this court. See Mallett v. Fulford, 142 Ga.App. 200, 235 S.E.2d 650; Mallett v. Fulford, 147 Ga.App. 263, 248 S.E.2d 543. Held 1. From our examination of the record and the trial judge's findings of fact we hold that the judge's findings are......
  • Carroll v. Mission Ins. Co., 56399
    • United States
    • Georgia Court of Appeals
    • September 21, 1978

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT