Curry v. Miller
328 Ga. App. 564
Ga. Ct. App.2014Background
- Curry sued Miller in DeKalb County Superior Court for breach of contract and quantum meruit.
- At trial, Miller moved for a directed verdict which the trial court granted in Miller's favor.
- Curry, pro se, appealed claiming error in granting the directed verdict and evidentiary rulings.
- The appellate record lacks a trial transcript due to Curry's failure to comply with OCGA § 5-6-37.
- The absence of a transcript prevents review of trial evidence and evidentiary rulings; appellate court affirms the trial court.
- The court emphasizes that the appellant bears responsibility to designate transcript inclusion; failure leads to affirmance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the directed verdict was reversible error | Curry argues there was jury-submittable evidence. | Miller contends the directed verdict was proper. | Record incomplete; cannot review; affirm the trial court. |
| Whether the trial court's evidentiary rulings are reviewable | Curry asserts error in excluding evidence. | Miller contends rulings were proper. | Record incomplete; cannot review; affirm the trial court. |
| Whether the appellate record complies with OCGA 5-6-37 and permits review | Curry designated transcripts and record parts for inclusion. | Miller argues transcript designation was improper or incomplete. | Because no trial transcript was designated to be included, affirmance is required. |
Key Cases Cited
- Yetman v. Walsh, 282 Ga. App. 499 (2006) (incomplete record requires affirmance when transcript not designated)
- Steadham v. State of Ga., 224 Ga. 78 (1968) (designations for transcript affect record completeness)
- McCormick v. State, 277 Ga. App. 473 (2006) (failure to specify transcript inclusion requires affirmance)
- Tempo Carpet Co. v. Collectible Classic Cars of Ga., 166 Ga. App. 564 (1983) (appellate record completeness governs review)
- Farmer v. Branch Banking and Trust Co., 312 Ga. App. 519 (2011) (burden on appellant to show error from the record)
- Cox v. Bank of America, 321 Ga. App. 806 (2013) (we will not presume trial court error absent record)
- Blazi v. Rich, 306 Ga. App. 529 (2010) (when alleged error appears only in brief, may affirm)
- Austell Healthcare v. Scott, 308 Ga. App. 393 (2011) (appellate rulings presumed correct when record silent)