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Lawskills.com Georgia Caselaw
JUSTICE v. MUSSELMAN et al.
A94D0398.
BIRDSONG, Presiding Judge.
Application for discretionary appeal. Muscogee State Court. Before Judge Johnston.
Applicant has failed to carry his burden of demonstrating that his application should be granted, within the meaning of Harper v. Harper, 259 Ga. 246 (378 SE2d 673); accordingly, his application for discretionary appeal is denied. However, examination of the order of the trial court reveals a procedural deficiency in that said order does not contain a specific finding as to the conduct that authorized the award under OCGA 9-15-14. See generally MacDougald v. Phillips, 262 Ga. 778 (425 SE2d 652); Coker v. Mosley, 259 Ga. 781 (387 SE2d 135). Accordingly, thin case is remanded with direction that the trial court either include in its order findings of the conduct that authorized the award or vacate its order. Porter v. Felker, 261 Ga. 421, 422 (3) (405 SE2d 31).
In aid of our jurisdiction and to protect our judgment following amendment or vacation of the order, the parties may timely submit an application for discretionary appeal of the resulting order of the trial court. Ga. Const. of 1983, Art. VI, Sec. I, Par. IV.
William B. Hardegree, for appellees.
Garner, Reynolds & Pruitt, Michael E. Garner, for appellant.
DECIDED OCTOBER 4, 1994.
Thursday May 21 06:44 EDT


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