dissenting. The special concurrence written by Justice Gunter in this case expresses my view with respect to the issues discussed therein. However, I do not join the judgment of affirmance as I believe Division 1 of the majority opinion is incorrect.
This is a contested divorce action tried by the court without a jury. There was a final judgment and decree but the trial court did *686not make any findings of fact or state its conclusions of law. The majority hold that, if this were error, it was harmless error.
Section 52 (a) of the Civil Practice Act (Code Ann. § 81A-152 (a)) absolutely requires the trial court in a case of this kind to "find the facts specially and state separately its conclusions of law thereon.” The fact that the. trial court’s failure to do so might not "affect the result reached” by the majority of this court in this case cannot excuse the admitted departure from the requirement of the statute. As stated by the Court of Appeals in the case of Booker v. J. T. Bickers Realty Co., 127 Ga. App. 614, 616 (194 SE2d 490), "Such action is mandatory and not discretionary. Spivey v. Mayson, 124 Ga. App. 775, 777 (186 SE2d 154). See also Garrison v. Perkins, 137 Ga. 744, 755 (74 SE 541).”
This case should be remanded with direction to the trial court to "find the facts specially and state separately its conclusions of law thereon” as required by the Civil Practice Act.
I am authorized to state that Mr. Justice Gunter concurs in this dissent.