Aviation Electronics, Inc. v. U.S. Energy Conservation Systems, Inc., 33794
| Decision Date | 26 September 1978 |
| Docket Number | No. 33794,33794 |
| Citation | 248 S.E.2d 610,242 Ga. 224 |
| Parties | AVIATION ELECTRONICS, INC. v. U. S. ENERGY CONSERVATION SYSTEMS, INC. |
| Court | Georgia Supreme Court |
Roland P. Smith, R. P. Smith, Jr., Atlanta, for appellant.
Heyman & Sizemore, W. Dan Greer, Terry P. McKenna, Atlanta, for appellee.
This appeal is from a judgment granting appellee a temporary injunction and denying Aviation Electronics, Inc.'s motion to dismiss and motion for partial summary judgment.
This record presents twenty enumerations of error which can only be resolved by reference to the evidence, referred to in the order complained of, which was admitted at a hearing held in the trial court on January 31, 1978. No transcript of this evidence was forwarded with this record and none was ordered filed by appellant in its notice of appeal.
"The appellants had a choice as to whether or not they would file a transcript of the evidence, and the failure to file such a transcript will not result in a dismissal of the appeal, but no questions can be decided which require a consideration of the evidence." Steadham v. State of Ga., 224 Ga. 78, 80(1), 159 S.E.2d 397, 399 (1968).
We must presume the rulings of the trial court are supported by the evidence. Pennsylvania Poorboy, Inc. v. Robbins Restaurant, Inc., 238 Ga. 539, 233 S.E.2d 791 (1977).
Judgment affirmed.
All the Justices concur.
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Kelleher v. State, 76191
...of the appeal, but no questions can be decided which require a consideration of the evidence.' " Aviation Electronics v. U.S. Energy & c. Systems, 242 Ga. 224, 248 S.E.2d 610; accord Steadham v. State of Ga., 224 Ga. 78, 80, 159 S.E.2d 397. In the case at the bar, appellant had a choice, an......
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... ... See Aviation Electronics, ... Inc. v. U. S. Energy on Systems, Inc., 242 Ga. 224, 248 S.E.2d 610 (1978) ... ...
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...court's resolution of this issue was without foundation as we have no transcript of the hearing. See Aviation Electronics v. U. S. Energy Conservation Systems, 242 Ga. 224, 248 S.E.2d 610. "In the absence of contradictory evidence, the trial court was warranted in accepting the certificate ......
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...presume the rulings of the trial court are supported by the evidence" in the absence of such transcript. Aviation Electronics v. U. S. Energy, etc., Inc., 242 Ga. 224, 248 S.E.2d 610. We find this enumeration not to be meritorious. 3. It is alleged the trial court abused its discretion in d......