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Lawskills.com Georgia Caselaw
WELCH v. MERCER et al.
65793.
DEEN, Presiding Judge.
Action for damages. Thomas Superior Court. Before Judge Elliott.
Welch brings this appeal contending that the trial court erred in giving one of appellee's requested charges because the evidence did not support such a charge. No transcript is included as a part of the record on appeal. Held:
Where a proposed transcript prepared by the appellant is disapproved by the trial court, this is sufficient to bar it without the necessity of showing that the appellee formally objected to it. Cowart v. Cowart, 236 Ga. 626, 628 (255 SE2d 5) (1976). Where the evidence is not brought before this court by any of the methods provided in [OCGA 5-6-41 (Code Ann. 6-805)] the judgment of the trial court on evidentiary matters cannot be reviewed. Jenkins v. Jenkins, 231 Ga. 371 (202 SE2d 52) (1973); Nicholson v. Nicholson, 231 Ga. 760 (204 SE2d 292) (1974)." Burns v. Barnes, 154 Ga. App. 802 (270 SE2d 57) (1980). As a transcript of the evidence is necessary to review an enumeration of error alleging that the evidence did not justify the giving of a charge, we must affirm.
Willlam C. Sanders, for appellees.
Ronald A. Cohen, R. Bruce Warren, for appellant.
DECIDED MARCH 14, 1983.
Thursday May 21 20:27 EDT


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