History
  • No items yet
midpage
Archer v. Pryer
275 Ga. App. 663
Ga. Ct. App.
2005
Check Treatment
Miller, Judge.

Jeanette Archer appeals from the trial court’s grant of a writ of possession in favor of Clorise Pryer. Archer’s enumerations challenge the sufficiency of the evidence, but the record does not include a transcript of the trial held in this case. Archer

failed to file a transcript of the . . . proceedings and apparently did not attempt to reconstruct the transcript as allowed by OCGA § 5-6-41 (g) and (i). When a transcript of the evidence is necessary, as it is here, and the appellant omits it from the record or fails to submit a statutorily authorized substitute, we must assume that the evidence supported the grant of a writ of possession. As the appellant, [Archer] had the burden to affirmatively show error by the record. This [she] failed to do. Therefore, we must presume the trial court’s judgment granting [Pryer] a writ of possession is correct.

(Citations omitted.) Wimbley v. Washington Mut. Bank, 271 Ga. App. 477, 478 (610 SE2d 124) (2005); Seay v. Gables Residential Svcs., 263 Ga. App. 495, 496 (588 SE2d 264) (2003).

Judgment affirmed.

Blackburn, P. J., and Bernes, J., concur.

Case Details

Case Name: Archer v. Pryer
Court Name: Court of Appeals of Georgia
Date Published: Sep 28, 2005
Citation: 275 Ga. App. 663
Docket Number: A05A1435
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.