Campbell v. Crumpton, 69244

Decision Date14 February 1985
Docket NumberNo. 69244,69244
Citation173 Ga.App. 488,326 S.E.2d 845
PartiesCAMPBELL v. CRUMPTON et al.
CourtGeorgia Court of Appeals

Charles J. Vrono, Atlanta, for appellant.

Ross M. Goddard, Jr., William V. Hall, Jr., Decatur, for appellees.

CARLEY, Judge.

Appellee-plaintiffs initiated the instant property damage civil action against appellant-defendant. Following a jury trial, a verdict was returned in favor of appellees, and judgment was entered on the verdict. Appellant appeals.

1. Appellees assert in their brief that this court should dismiss the instant appeal because of appellant's failure to obtain a transcript in a timely manner in compliance with OCGA § 5-6-42. "No appeal shall be dismissed by the appellate court nor consideration of any error therein refused because of failure of any party to cause the transcript of evidence and proceedings to be filed within the time allowed by law or order of court; but the trial court may, after notice and opportunity for hearing, order that the appeal be dismissed where there has been an unreasonable delay in the filing of the transcript and it is shown that the delay was inexcusable and was caused by such party...." (Emphasis supplied.) OCGA § 5-6-48(c). "This court is without authority to dismiss any appeal because of failure of any party to cause the transcript of evidence and proceedings to be filed within the time provided by law or order of court. [Cit.] The record shows no motion to dismiss in the trial court, and therefore, this appeal contains no ruling for consideration on appeal to this court." Reed v. Arrington-Blount Ford, Inc., 148 Ga.App. 595, 596( 1), 252 S.E.2d 13 (1979).

2. Asserting that there was no evidence presented at trial as to the amount of damages sustained by appellees, appellant enumerates the general grounds as error.

Only a portion of the transcript of evidence was included as a part of the record on appeal. " '(W)here the transcript or record does not fully disclose what transpired at trial, the burden is on the complaining party to have the record completed in the trial court under the provisions of [OCGA § 5-6-41(f) ]. [Cits.] When this is not done, there is nothing for the appellate court to review. [Cits.]' [Cit.] 'In the absence of a transcript we must assume as a matter of law that the evidence adduced at [trial] supported the [judgment below].' [Cit.]" Smith v. State, 160 Ga.App. 26, 27, 285 S.E.2d 749 (1981). Applying these principles to the case at bar, this...

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7 cases
  • Ansa Mufflers Corp. v. Worthington, A91A1098
    • United States
    • Georgia Court of Appeals
    • 23 Octubre 1991
    ...5-6-41(f), we must assume as a matter of law that the evidence adduced at trial supported the judgment below. Campbell v. Crumpton, 173 Ga.App. 488, 489(2), 326 S.E.2d 845 (1985). Accordingly, we assume that facts were adduced during the Yost proceedings which the trial court could not have......
  • Kmart Corp. v. Merriweather
    • United States
    • Georgia Court of Appeals
    • 22 Febrero 2002
    ...S.E.2d 332 (1999). 6. Goodman v. Lake Buckhorn Estates &c., 224 Ga.App. 765, 767(3), 481 S.E.2d 882 (1997). 7. Campbell v. Crumpton, 173 Ga.App. 488, 489(2), 326 S.E.2d 845 (1985); see Turner v. Watson, 139 Ga.App. 648, 649, 229 S.E.2d 126 8. Prater, supra, 197 Ga.App. at 170(3), 397 S.E.2d......
  • Roberts v. Stennett
    • United States
    • Georgia Court of Appeals
    • 9 Septiembre 1991
    ...transcript, and only a portion of the evidence at trial was forwarded on appeal, this court must affirm. See Campbell v. Crumpton, 173 Ga.App. 488(2) (326 SE2d 845) (1985) and cases cited therein." Prater v. Bertrand, 197 Ga.App. 169, 170(3), 397 S.E.2d 562. In the case sub judice, no full ......
  • Bread of Life Baptist Church v. Price, A89A2031
    • United States
    • Georgia Court of Appeals
    • 16 Febrero 1990
    ...proceedings below; we therefore must presume the proceedings were regular and the evidence supported the verdict. Campbell v. Crumpton, 173 Ga.App. 488(2), 326 S.E.2d 845; see Williamson v. Williams, 156 Ga.App. 154, 274 S.E.2d 136. There is nothing in the record that the dispossessory judg......
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