Fry v. J. I. Kislak Mortgage Corp.

Full title: FRY et al. v. J. I. KISLAK MORTGAGE CORPORATION

Court: Court of Appeals of Georgia

Date published: Sep 7, 1983

307 S.E.2d 302 (Ga. Ct. App. 1983)

167 Ga. App. 775

Opinion

66601.

DECIDED SEPTEMBER 7, 1983.

Dispossessory action. Fulton State Court. Before Judge Johnson.

Leroy Baldwin, for appellants.

Carol V. Clark, for appellee.

CARLEY, Judge.

Appellants appeal from the grant of a writ of possession to appellee.

1. Appellee's motion to dismiss is denied.

2. The trial court failed to make findings of fact and conclusions of law. The record does not show that such findings and conclusions were waived. "Accordingly, the case is remanded with direction that the trial court vacate the judgment and prepare, or cause to be prepared, appropriate findings of fact and conclusions of law. [Cits.]" Forest v. Garner, 164 Ga. App. 396 ( 298 S.E.2d 259) (1982). See also Hall v. VNB Mtg. Corp., 167 Ga. App. 219 ( 306 S.E.2d 359) (1983).

Judgment remanded with direction. Deen, P. J., and Banke, J., concur.

DECIDED SEPTEMBER 7, 1983.