Burks v. First Union Mortg. Corp., No. A93A0732
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | BLACKBURN |
| Citation | 432 S.E.2d 822,209 Ga.App. 41 |
| Parties | BURKS et al. v. FIRST UNION MORTGAGE CORPORATION. |
| Docket Number | No. A93A0732 |
| Decision Date | 11 June 1993 |
Page 822
v.
FIRST UNION MORTGAGE CORPORATION.
Page 823
[209 Ga.App. 42] Geanne Burks, pro se.
W. Barrington King, Jr., Decatur, for appellee.
[209 Ga.App. 41] BLACKBURN, Judge.
The appellee, First Union Mortgage Corporation, filed the instant dispossessory action against the appellant, Geanne Burks, "and others," as a result of the appellant's refusal to vacate appellee's property following a foreclosure sale. The appellant responded, asserting that the foreclosure was improperly conducted based upon the automatic stay provisions of 11 U.S.C. § 362. The appellant also asserted a counterclaim for malicious prosecution. After a bench trial, the trial court denied the appellant's counterclaim and granted judgment in favor of the appellee on the writ of possession, ordering the appellant to vacate the premises. This appeal followed.
1. In her first enumeration of error, the appellant contends that the trial court erred in failing to include findings of fact and conclusions of law in the final judgment. However, the record does not show that the appellant requested that the trial court include specific findings of fact and conclusions of law in its order prior to the issuance of the order. "[I]n all nonjury trials in courts of record, the court shall upon request of any party made prior to such ruling, find the facts specially and shall state separately its conclusions of law." OCGA § 9-11-52(a). Inasmuch as the appellant did not comply with the statutory requirements, this enumeration is without merit.
2. In her second enumeration of error, the appellant contends that the trial court erred in entering judgment in favor of the appellee in light of the bankruptcy stay. However, the record does not include any documentation indicating that the appellant has filed a petition for bankruptcy protection and that the trial court's order is in violation of a bankruptcy automatic stay. As this court has held in Dept. of Human Resources v. Corbin, 202 Ga.App. 10, 11, 413 S.E.2d 484[209 Ga.App. 42] (1991), " '[t]he burden is on the appellant to show error by the record, and when a portion of the evidence ... bearing upon the issues raised by the enumerations of error, is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result. (Cits.)' [Cit.]"...
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CNL Ins. America v. Moreland, A96A1961
...trial court and not made a part of the record on appeal, this Court may not consider such material. See Burks v. First Union Mtg. Corp., 209 Ga.App. 41, 42, 432 S.E.2d 822 [226 Ga.App. 58] CNL's attempt to supplement the record by attaching a copy of one and one-half pages of the purported ......
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Payson v. Payson, S01A1117.
...left the decision whether to make findings to the discretion of the trial court under § 9-11-52(c); and Burks v. First Union Mtg. Corp., 209 Ga.App. 41(1), 432 S.E.2d 822 (1993), where the court, in finding no error in the trial court's failure to make findings and conclusions, noted that n......
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Prine v. State, A99A0794.
...from a consideration of it all, an affirmance as to that issue must result. (Punctuation omitted.) Burks v. First Union Mtg. Corp., 209 Ga.App. 41, 42, 432 S.E.2d 822...
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Greene County v. North Shore Resort, A99A0798.
...263(2), 456 S.E.2d 627 (1995); Cage v. Chase Home Mtg. Corp., 212 Ga.App. 861(1), 443 S.E.2d 504 (1994); Burks v. First Union Mtg. Corp., 209 Ga.App. 41(1), 432 S.E.2d 822 Since Greene County requested findings of fact and conclusions of law only after the entry of judgment, it was within t......
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CNL Ins. America v. Moreland, No. A96A1961
...trial court and not made a part of the record on appeal, this Court may not consider such material. See Burks v. First Union Mtg. Corp., 209 Ga.App. 41, 42, 432 S.E.2d 822 [226 Ga.App. 58] CNL's attempt to supplement the record by attaching a copy of one and one-half pages of the purported ......
-
Payson v. Payson, No. S01A1117.
...left the decision whether to make findings to the discretion of the trial court under § 9-11-52(c); and Burks v. First Union Mtg. Corp., 209 Ga.App. 41(1), 432 S.E.2d 822 (1993), where the court, in finding no error in the trial court's failure to make findings and conclusions, noted that n......
-
Prine v. State, No. A99A0794.
...from a consideration of it all, an affirmance as to that issue must result. (Punctuation omitted.) Burks v. First Union Mtg. Corp., 209 Ga.App. 41, 42, 432 S.E.2d 822...
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Greene County v. North Shore Resort, No. A99A0798.
...263(2), 456 S.E.2d 627 (1995); Cage v. Chase Home Mtg. Corp., 212 Ga.App. 861(1), 443 S.E.2d 504 (1994); Burks v. First Union Mtg. Corp., 209 Ga.App. 41(1), 432 S.E.2d 822 Since Greene County requested findings of fact and conclusions of law only after the entry of judgment, it was within t......