Appellants Malin Trucking, Inc. et al. appeal the judgment of the superior court entered pursuant to the grant of appellee/plaintiff's motion for directed verdict. Held:
1. Appellants claim the trial court erred in directing verdict in favor of appellee. This enumeration cannot be judicially determined without examination of the trial transcript; the trial transcript has not been forwarded on appeal. Without access to the necessary trial transcript or a statutorily authorized substitute therefore, we must conclude thе trial court did not err as enumerated.
Brown v. Frachiseur,
2. Appellants enumerate thаt the trial court erred in not forwarding the transcript with this appeal. In suppоrt of this enumeration appellants assert, without factual support in the rеcord, that “the
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transcript of record in the above styled case was not forwarded on to this Honorable Court because of a private agrеement between the reporter and the appellee.” Factual assertions in appellate briefs unsupported by the record cannоt be considered on appeal.
Behar v. Aero Med Intl.,
Moreover, appellee expressly asserts in its brief that “the trial transcript was not forwarded with this appeal because the appellants failed to take the steps necessary to obtain it. . . . No evidence was presented on why a transcript was not filed and no extension was requested. The fact that a transcript was not filed is the appellants’ fault alone.” Appellee’s contention is supported both by some evidence of record and by law. An appellant who seeks to prove еrror in the trial proceedings has the burden to produce a transcript оf the allegedly erroneous matters
(Powell v. State,
3. Appellee has filed, pursuant to the provisions of OCGA § 5-6-6, a motion for damages for frivolous appeal. “As appеllants’] arguments are wholly devoid of support from the record, * “we must conclude that the appeal to this court was for the purpose of delay only.” ’ ”
Harris v. Wilwat Properties,
Judgment affirmed with direction.