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Lewis v. McNeely

The trial court erred in ruling that the plaintiffs had stipulated to the entire set-off it awarded against a judgment.

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These consolidated appeals follow a bench trial on the sole issue of the award of a set-off against a judgment. Because it appears that the trial court erred with regard to a stipulation, and we cannot determine from the order on what basis the trial court awarded the set-off, we reverse in part, vacate in part, and remand these cases with direction.

“In a bench trial the court sits as the trier of fact and his findings shall not be set aside unless clearly erroneous. The clearly erroneous test is the same as the any evidence rule. Thus, an appellate court will not disturb fact findings of a trial court if there is any evidence to sustain them.” Citations and punctuation omitted. CRS Sirrine, Inc. v. Dravo Corp., 213 Ga. App. 710, 721 4 445 SE2d 782 1994. And “we apply a de novo standard of review to any questions of law decided by the trial court . . . .” Citations and punctuation omitted. Memar v. Jebraeilli, 303 Ga. App. 557, 558 694 SE2d 172 2010.

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