Liberty Mutual Insurance Co. v. Alsco Construction

Full title: LIBERTY MUTUAL INSURANCE COMPANY v. ALSCO CONSTRUCTION COMPANY, INC. et al

Court: Court of Appeals of Georgia

Date published: Oct 4, 1976

229 S.E.2d 559 (Ga. Ct. App. 1976)

229 S.E.2d 559

Opinion

52723.

ARGUED SEPTEMBER 15, 1976.

DECIDED OCTOBER 4, 1976.

Action on insurance contract. Glynn State Court. Before Judge Highsmith.

Bennet, Gilbert, Gilbert, Whittle, Harrell Gayner, Wallace E. Harrell, William R. Waldrop, for appellant.

Fendig, Dickey, Fendig Whelchel, J. Thomas Whelchel, James G. Williams, for appellees.

WEBB, Judge.

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).

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).

Appeal remanded with direction. Deen, P. J., and Quillian, J., concur.

WEBB, Judge.

ARGUED SEPTEMBER 15, 1976 — DECIDED OCTOBER 4, 1976.