Unjust Enrichment? "Findings of Fact" are erroneous!

[rkjohnson]

What is the name of your state?What is the name of your state? Georgia

My fiance suggested I take money from him instead of acquiring a loan to purchase a parcel of land that I had previously owned and resided on. This land had been in my family since 1969 until I sold it in 2001. It became available for sale and I wished to buy it back. I was going to get a loan, but he said he would give me the money instead because he didn't want me to go into debt.

A year later, he broke up with me after I caught him cheating. Now, he sued me for the money claiming 'unjust enrichment'. The judge found in his favor. However, the judges 'Findings of Fact' are incorrect! The judge states in his findings that I ask for the money, then broke up with my fiance and that the 'gift' was in contemplation of marriage. I did not break up with him AND I did not ask for the money in the first place.

I agree that there was an enrichment and impoverishment. However, I feel this enrichment was justified as I was willing to continue with the engagement and marriage. I also feel that the enrichment is justified as a lesson to the unfaithful donor.

How can the judge state these things in his 'findings' when they were not said in court?

We are appealing the case. Thank you for any advice.

 

[shortbus]

The judge's "findings of fact" are his determinations about what happened. If you & your fiance offered conflicting testimony, the judge had to choose who he thought was more credible.

On appeal, the reviewing court can only look at whether the judge made an error of law, not whether he made an error of factual interpretation.

 

[rkjohnson]

I understand that. However, the things he put in his findings were not even stated in court. Where did he come up with this stuff? It's like he just made things up. Is there not anything I can do about this?