This is an appeal from an order of the superior court "affirming" a decision of the county board of zoning appeals. The appeal to the superior court was governed by Code Ann. 69-1211.1, which provides that the appeal "shall be the same as an appeal to the superior court from any decision made by the court of ordinary and as specified in Chapter 6-2 . . . Provided, however, that on appeal said case shall be heard by judge of the superior court without a jury, unless one of the parties files a written demand for a jury trial within 30 days from the filing of the appeal."
The instant appeal was thus a de novo investigation (Code Ann. 6-501), and it was tried upon the facts before the court without a jury. The trial court, however, did not make the findings of fact and conclusions of law specified by CPA 52 (a) (Code Ann. 81A-152 (a)), which is a mandatory section (Doyal Development Co. v. Blair, 234 Ga. 261 (215 SE2d 471) (1975)
); and the result is that the proper scope of our review has been contested and is in doubt.
We remand the appeal with direction that the superior 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. Liberty Mut. Ins. Co. v. Alsco Const. Co., 139 Ga. App. 786 (229 SE2d 559) (1976)
Elliott & Turner, Tyron C. Elliott, for appellees.