688 S.E.2d 414 | Ga. Ct. App. | 2009
In this tort action, John Nolan Fleming, acting pro se, sued Advanced Stores Company, Inc. (“Advanced Stores”) and one of its
In Fleming’s first two enumerations of error, he contends that the trial court erred in granting defendants’ motion for summary judgment as to his false arrest and false imprisonment claims and also in denying his motion for summary judgment as to those claims. In his third and fourth enumerations, Fleming refers to his false imprisonment claim but appears to contend that the trial court misinterpreted a contract, which was not mentioned in Fleming’s complaint. Contrary to Court of Appeals Rule 25 (c) (2), none of Fleming’s four enumerated errors is supported by citations to the record, argument, or citation of authority.
We recognize that Fleming is acting pro se; nevertheless, “that status does not relieve him of the obligation to comply with the substantive and procedural requirements of the law, including the rules of this [C]ourt.” Simon v. City of Atlanta.
In addition, none of the enumerations is supported by either citation of authority or argument. Although Fleming’s brief contains a section titled “Argument,” the text of the first part of that section merely consists of a reiteration of his claim that defendants knowingly made false accusations about him, which led to his arrest. In the remainder of the Argument section, Fleming sets out what he
Furthermore, even if Fleming’s enumerations of error were not deemed abandoned, we are unable to review them. In the trial court’s order granting summary judgment to the defendants, the court stated that it had considered all matters of record, including the sworn testimony of Fleming, which was taken during the summary judgment hearing. Thus, to review Fleming’s enumerations, we are required to review the evidence and Fleming’s testimony submitted during the hearing. However, Fleming did not include the hearing transcript in the appellate record.
As previously noted, “[t]he burden is on the party alleging error to show it affirmatively by the record. When the burden is not met, the judgment complained of is assumed to be correct and must be affirmed.” (Punctuation omitted.) Hosseini v. Donino.
In light of our decision, defendants’ motion to dismiss Fleming’s appeal, which was filed contemporaneously with their appellees’ brief, is moot.
Judgment affirmed.
Simon v. City of Atlanta, 287 Ga. App. 119, 120 (1) (650 SE2d 783) (2007).
Cronin v. Homesales, Inc., 296 Ga. App. 293, 294 (674 SE2d 35) (2009).
Guilford v. Marriott Intl., Inc., 296 Ga. App. 503, 505 (675 SE2d 247) (2009).
Time Warner Entertainment Co. v. Six Flags Over Ga., 254 Ga. App. 598, 605 (3) (a) (563 SE2d 178) (2002).
Hosseini v. Donino, 222 Ga. App. 697 (1) (475 SE2d 665) (1996).
Quarterman v. Lee, 291 Ga. App. 603 (662 SE2d 234) (2008).
Alexander v. Jones, 216 Ga. App. 360, 361 (1) (454 SE2d 539) (1995).