Beeks v. Consultech, Inc., 474 S.E.2d 675 (Ga. Ct. App. 1996). · Go Syfert
Beeks v. Consultech, Inc., 474 S.E.2d 675 (Ga. Ct. App. 1996). Cases Citing This Book View Copy Cite
22 citation events (18 in the last 25 years) across 1 distinct court.
Strongest positive: GATEWAY COMMUNITY SERVICE BOARD D/B/A GATEWAY BEHAVIORAL HEALTH SERVICES v. FRANK A. BONATI (gactapp, 2018-06-27)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
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Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) GATEWAY COMMUNITY SERVICE BOARD D/B/A GATEWAY BEHAVIORAL HEALTH SERVICES v. FRANK A. BONATI
Ga. Ct. App. · 2018 · confidence medium
See OCGA § 9-11-52 (c) (“When findings or conclusions are not made prior to judgment to the extent necessary for review, failure of the losing party to move therefor after judgment shall constitute a waiver of any ground of appeal which requires consideration thereof.”); Beeks v. Consultech, 222 Ga. App. 473, 473 ( 474 SE2d 675 ) (1996).
cited Cited as authority (rule) Swainsboro Cabinet Co. v. Ed Johns Construction Co.
Ga. Ct. App. · 2009 · confidence medium
See Safadi, supra, 226 Ga. App. at 686 (1); In re Estate of Garmon, 254 Ga. App. 84, 88 (4) ( 561 SE2d 216 ) (2002); Beeks v. Consultech, 222 Ga. App. 473, 474 ( 474 SE2d 675 ) (1996).
discussed Cited as authority (rule) Hampshire Homes, Inc. v. Espinosa Construction Services, Inc.
Ga. Ct. App. · 2007 · confidence medium
Ruffin and Bernes, JJ., concur. 1 Sam’s Wholesale Club v. Riley, 241 Ga. App. 693, 693 ( 527 SE2d 293 ) (1999). 2 Ruff v. Central State Hosp., 192 Ga. App. 631, 632 (1) ( 385 SE2d 734 ) (1989). 3 Jewell v. State of Ga., 200 Ga. App. 203, 204 (1) ( 407 SE2d 763 ) (1991). 4 Doe v. Chambers, 188 Ga. App. 879, 881 (2) ( 374 SE2d 758 ) (1988). 5 Beeks v. Consultech, Inc., 222 Ga. App. 473, 474 ( 474 SE2d 675 ) (1996). 6 Safadi v. Thompson, 226 Ga. App. 685, 686 (1) ( 487 SE2d 457 ) (1997) (physical precedent only). 7 American Aluminum Products Co. v. Binswanger Glass Co., 194 Ga. App. 703, 710 ( …
cited Cited as authority (rule) Maynard v. Brown
Ga. Ct. App. · 2005 · confidence medium
Beeks v. Consultech, Inc., 222 Ga. App. 473, 474 ( 474 SE2d 675 ) (1996), citing Aycock v. Morris Indus., 171 Ga. App. 50, 51 ( 318 SE2d 780 ) (1984).
discussed Cited as authority (rule) Safadi v. Thompson (2×)
Ga. Ct. App. · 1997 · confidence medium
Their absence is ground for affirmance when they are necessary for resolution of the issue on appeal. [Cit.]” Beeks v. Consultech, Inc., 222 Ga. App. 473, 474 (1) ( 474 SE2d 675 ) (1996).
discussed Cited "see" BLACKMON Et Al. v. PENA. (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See Beeks , 222 Ga. App. at 474 , 474 S.E.2d 675 ("Oral findings are not sufficient.").
discussed Cited "see" Hathaway Development Co. v. Advantage Fire Sprinkler Co. (2×)
Ga. Ct. App. · 2008 · signal: see · confidence high
See Beeks v. Consultech, Inc., 222 Ga. App. 473, 474 ( 474 SE2d 675 ) (1996).
Retrieving the full opinion text from the archive…
Beeks
v.
Consultech, Inc.
A96A1196.
Court of Appeals of Georgia.
Aug 12, 1996.
474 S.E.2d 675
1996 Ga. App. LEXIS 876
Cynthia W. Harrison, for appellant., Karl J. Howe & Associates, Thomas C. James, Jr., for appellee.
Beasley, Birdsong, Blackburn.
Cited by 9 opinions  |  Published
Beasley, Chief Judge.

Beeks, the defendant in a suit on account, appeals from the judgment which was entered after a bench trial in which the court found that the principal amount claimed plus interest was due.

In two enumerations, Beeks contends on appeal that the money for the work of performing Phase II of a site assessment of his gas station is not due for two reasons. The first is that the contract included a condition precedent, which is payment for cost of the project, to Beeks, by the Georgia Underground Storage Tank Trust Fund (GUST). He asserts that this was part of the oral contract, necessitated because, as known by Consultech, he did not have funds to hire Consultech and thus made the agreement with Consultech on this condition. The second is that the contract was not completed, as the Environmental Protection Department has not issued a final ruling on the issue of ground contamination so that Beeks cannot sell the station.

[*474] Decided August 12, 1996. Cynthia W. Harrison, for appellant. Karl J. Howe & Associates, Thomas C. James, Jr., for appellee.

Both enumerations involve issues of fact, which the trial court resolved in plaintiff’s favor. The court did not make written findings of fact or conclusions of law, as is required when requested by any party. OCGA § 9-11-52 (a). There is no record of any request by a party either before trial nor within the time provided after entry of judgment. OCGA § 9-11-52 (c). We can only address what there is record to support. As stated in the statute, “When findings or conclusions are not made prior to judgment to the extent necessary for review, failure of the losing party to move therefor after judgment shall constitute a waiver of any ground of appeal which requires consideration thereof.” The enumerations require just such a consideration, as they relate to the sufficiency of the evidence to support findings of fact. Thus we are deprived of the assistance which such findings and conclusions provide to the appellate court, which is one of the purposes of the requirement. Brown v. Brown, 237 Ga. 201, 202 (227 SE2d 360) (1976). See also Coleman v. Coleman, 238 Ga. 183 (232 SE2d 57) (1977); Aycock v. Morris Indus., 171 Ga. App. 50, 51 (318 SE2d 780) (1984).

Oral findings are not sufficient. Aycock, supra. Unlike Aycock, we do not remand the case for written findings of fact and conclusions of law because OCGA § 9-11-52 (c) has since been amended. Their absence is ground for affirmance when they are necessary for resolution of the issue on appeal. See, e.g., Cage v. Chase Home Mtg. Corp., 212 Ga. App. 861 (1) (443 SE2d 504) (1994).

Even if we consider the oral findings, given to the parties by the court in explanation of its decision at the end of the trial, the judgment must be affirmed. The court found that there was a contract and that, although the parties expected GUST to pay the cost, the primary responsibility was Beeks’, with whom the contract was made. The court also found that the failure to obtain reimbursement was not Consultech’s but Beeks’, and that Beeks had received Consultech’s written demand for payment. Finally, the court found that the work contracted to be performed was completed. There is evidence to support the court’s findings. Thus, considering the oral findings, the judgment must be affirmed. Ga. Power Co. v. Harrison, 253 Ga. 212, 216 (4) (318 SE2d 306) (1984).

Judgment affirmed.

Birdsong, P. J., and Blackburn, J., concur.