Cochran v. Cochran., 154 Ga. App. 326, 268 S.E.2d 728 (1980)
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Judgment remanded with direction. Deen, C. J., and Birdsong, J., concur.
Summary
Judgment remanded with direction. Deen, C. J., and Birdsong, J., concur.
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Jerry M. Daniel, for appellant.
Appellee instituted a garnishment proceeding in the Superior Court of Burke County against appellant to attempt to collect $3,395 in unpaid child support. Appellant filed a traverse of the garnishment. After a hearing on the matter, the trial court entered an order denying appellant's traverse.
Appellant contends that the trial court erred in failing to make findings of fact and conclusions of law in denying his traverse to the appellee's garnishment. We agree.
Code Ann. 81A-152 (a) states that in any actions in superior court tried upon facts without a jury, the court shall find the facts specially and state separately its conclusions of law, unless the parties waive this requirement in writing. This court and the Supreme Court of Georgia have held that this requirement is mandatory. Fred R. Surface & Assoc. v. Worozbyt,
Since the requisite findings of fact and conclusions of law in this case were neither made nor waived, the case is remanded to the trial court with direction that the trial judge vacate the judgment and make appropriate findings of fact and conclusions of law, and enter a new judgment thereon. Thereafter, the losing party shall be free to enter another appeal if he or she should wish to do so. Carroll v. AFCO Credit Corp.,
Appellee's motion for award of damages for delay is denied.
Bruce M. Hofstadter, for appellee.
1980
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