Georgia Dept. of Natural Resources v. Coweta County, S91A0449

Decision Date20 June 1991
Docket NumberNo. S91A0449,S91A0449
PartiesGEORGIA DEPARTMENT OF NATURAL RESOURCES et al. v. COWETA COUNTY, Georgia.
CourtGeorgia Supreme Court

Michael J. Bowers, Atty. Gen., Barbara H. Gallo, Asst. Atty. Gen., Atlanta, for Ga. Dept. of Natural Resources, et al.

A. Mitchell Powell, Jr., Sanders, Mottola, Haugen & Mann, Newnan, for Coweta County.

BENHAM, Justice.

In the notice of appeal filed in this case, appellant asserted that it seeks review of an interlocutory injunction entered in a case involving a sanitary landfill in Coweta County. The enumerations of error, however, relate to issues which, so far as the record shows, were not raised below or were not ruled upon below. In fact, the trial court specifically reserved ruling on one of the issues raised by enumeration of error.

The Supreme Court is a court for the trial and correction of errors of law committed in the trial courts, as shown by the record of what transpired therein which has been transmitted to it. [Kitchens v. State, 228 Ga. 624(1) (187 SE2d 268) (1972).]

Issues which have not been ruled on by the trial court may not be raised on appeal. Velkey v. Grimes, 214 Ga. 420, 105 S.E.2d 224 (1958). Since the burden is on appellant to show error by the record (Tukes v. State, 238 Ga. 114(2), 230 S.E.2d 841 (1976)), and appellant has not borne that burden, no ground for reversal appears.

Judgment affirmed.

All the Justices concur.

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23 cases
  • Sullivan v. Bunnell
    • United States
    • United States Court of Appeals (Georgia)
    • February 21, 2017
    ...because "[i]ssues which have not been ruled on by the trial court may not be raised on appeal." Ga. Dept. of Nat. Res. v. Coweta Cnty., 261 Ga. 484, 485, 405 S.E.2d 470 (1991) ; accord Velkey v. Grimes, 214 Ga. 420, 420, 105 S.E.2d 224 (1958) ; Shennett v. Piggly Wiggly So., Inc., 197 Ga.Ap......
  • Dep't of Cmty. Health v. Hous. Hosps., Inc.
    • United States
    • United States Court of Appeals (Georgia)
    • October 26, 2022
    ...argument was raised and ruled upon in the trial court, we may address it on appeal. Cf. Ga. Dep't of Nat. Res. v. Coweta Cty. , 261 Ga. 484, 484, 405 S.E.2d 470 (1991) ("Issues which have not been ruled on by the trial court may not be raised on appeal."). But Coliseum has abandoned any lac......
  • Uhs of Anchor, L.P. v. Dep't of Cmty. Health
    • United States
    • United States Court of Appeals (Georgia)
    • June 25, 2019
    ...have not been ruled on by the trial court may not be raised on appeal." (punctuation omitted)); Ga. Dep’t of Nat’l Res. v. Coweta Cnty. , 261 Ga. 484, 484, 405 S.E.2d 470 (1991) (same).13 See Upper Chattahoochee Riverkeeper, Inc. v. Forsyth Cty. , 318 Ga. App. 499, 502 (1), 734 S.E.2d 242 (......
  • Pfeiffer v. Georgia Dept. of Transp.
    • United States
    • Supreme Court of Georgia
    • November 26, 2002
    ...both the Court of Appeals and this Court is to correct errors of law committed in lower tribunals. Georgia Dept. of Natural Resources v. Coweta County, 261 Ga. 484, 405 S.E.2d 470 (1991); Harmon v. Southern R. Co., 123 Ga.App. 309(2), 180 S.E.2d 604 (1971). When the appeal is from the grant......
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