LEASING INTERNATIONAL, INC. v. PLEMONS

WEBB, Judge.

In this case which was tried to the court without a jury, the trial court erred in entering judgment without specially finding the facts and stating separately its conclusions of law. CPA § 52 (a) (Code Ann. § 81A-152 (a)); Doyal Development Co. v. Blair, 234 Ga. 261 ( 215 S.E.2d 471); Reid v. Minter, 135 Ga. App. 763; Hagin v. Powers, 136 Ga. App. 395. For guidance in preparing the findings and conclusions, see, in addition to the cases cited above, Spivey v. Mayson, 124 Ga. App. 775 ( 186 S.E.2d 154); U.S. F. G. Co. v. Gentile, 134 Ga. App. 318 ( 214 S.E.2d 406); Donaldson v. Hopkins, 132 Ga. App. 713 ( 209 S.E.2d 131); Bituminous Cas. Corp. v. J. B. Forrest Sons, 132 Ga. App. 714 ( 209 S.E.2d 6); Philips c. Corp. v. Production 70's, 133 Ga. App. 765 ( 213 S.E.2d 35). See also cases collected in Hagin v. Powers, 134 Ga. App. 609 ( 215 S.E.2d 346).

We remand the 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.

Appeal remanded with direction. Bell, C. J., and Marshall, J., concur.