Peterson v. Beasley, No. S01A1232.

• Court: Supreme Court of Georgia
• Writing for the Court: CARLEY, Justice, dissenting.
• Citation: 274 Ga. 882,561 S.E.2d 429
• Parties: PETERSON v. BEASLEY et al.
• Docket Number: No. S01A1232.
• Decision Date: 25 March 2002

561 S.E.2d 429
274 Ga. 882

PETERSON
v.
BEASLEY et al

No. S01A1232.

Supreme Court of Georgia.

March 25, 2002.

Cheney & Cheney, Curtis V. Cheney, Jr., Reidsville, for appellant.

Loreeder Beasley, pro se.

Order of the Court.

Because the findings of the special master dated June 30, 2000 and adopted in the trial court's decree dated November 20, 2000 are dependent upon the plat of survey prepared "by Marvin D. Clements, Registered Land Surveyor dated August 18, 1989 and identified as Defendants' Exhibit No. 16" and said plat is not included in the transcript and record filed with this appeal in this Court, and, because this Court cannot determine from the transcript whether the defendants' exhibits were admitted in evidence at the hearing held on June 3, 1999, this case is remanded to the trial court. On remand, the trial court shall vacate the decree and refer the case back to the special master for such proceedings as may be necessary to complete the record and make additional findings of fact and conclusions of law. The special master may, if necessary, re-open the record to accept evidence and hold an evidentiary

561 S.E.2d 430

hearing, as he deems appropriate. The special master is reminded that findings of fact must include specific legal descriptions, either by reference to a plat or plats in the record or by valid metes and bounds descriptions, and the evidence must be sufficiently developed, including the completion of any additional surveys, to permit the special master to make specific legal descriptions. Page 2 The special master's report also must include specific findings of fact and conclusions of law. See generally Andrews v. Boykin, 273 Ga. 386, 389, 543 S.E.2d 12 (2001); Childs v. Sammons, 271 Ga. 161, 161-62, 516 S.E.2d 779 (1999). When the special master's report on remand is completed and filed, the trial court shall enter a final decree in this case. When the final order is entered, any party may appeal to this Court following the procedures outlined in OCGA § 5-6-30 et seq

All the Justices concur, except CARLEY, J., who dissents.

CARLEY, Justice, dissenting.

The majority remands this case because the defendants' exhibits do not appear in the transcript and record filed in this Court. However, I believe that a remand is completely unnecessary and that we are required to affirm the judgment below.

The majority proceeds on an erroneous premise because Ms. Peterson does not contend that the evidence is insufficient or that the [274 Ga. 883] record is incomplete. Instead, she argues that the special master erred in relying upon the defendants' exhibits because they were never admitted into evidence. Thus, there is no necessity for this Court actually...