lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
BURNS v. BARNES.
59908.
DEEN, Chief Judge.
Action on account. DeKalb Superior Court. Before Judge Federal.
1. Where no transcript is included in the record on appeal we must assume that the evidence was sufficient to support the judgment. Drake v. Drake, 231 Ga. 193, 195 (200 SE2d 719) (1973); Craigmiles v. Craigmiles, 237 Ga. 498 (228 SE2d 882) (1976); Hilliard v. Hilliard, 243 Ga. 424 (254 SE2d 372) (1979).
2. To comply with present statutory requirements the movant, where he fails to have filed a transcript of evidence, must comply with Code 6-805 (g) either by producing the agreement of the parties that a transcript prepared from recollection is correct or, "in case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial judge thereon shall be final and not subject to review." Where the appellant fails to bring up a transcript or otherwise meet his burden of affirmatively showing error by the record, the judgment below will not be disturbed. Boswell v. Blease, 150 Ga. App. 846 (259 SE2d 102) (1979). 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 (225 SE2d 5) (1976). Where the evidence is not brought before this court by any of the methods provided in 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).
Ronald L. Hilley, for appellee.
Wayne H. Fore, for appellant.
ARGUED MAY 6, 1980 -- DECIDED JUNE 9, 1980 -- CERT. APPLIED FOR.
Friday May 22 00:13 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com