633 S.E.2d 543 | Ga. Ct. App. | 2006
OLUBAJO
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY.
Court of Appeals of Georgia.
Abimbola Olubajo, Stone Mountain, pro se.
Robert M. Sheffield, McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC, Roswell, for appellee.
BLACKBURN, Presiding Judge.
In this dispossessory action, Abimbola Olubajo, acting pro se, appeals the trial court's grant of a writ of possession in favor of Deutsche Bank National Trust Company ("Deutsche Bank"). Because Olubajo failed to file a transcript of the bench trial, we affirm.
Deutsche Bank instituted dispossessory proceedings against Olubajo, claiming that Olubajo was a tenant at sufferance after a foreclosure sale. Olubajo answered, claiming simply that the foreclosure sale was "wrongful." Following a bench trial, the court issued a writ of possession in favor of Deutsche Bank.
*544 Acting pro se, Olubajo appealed, making various arguments based on factual issues that would require us to review the evidence submitted at trial.
[Olubajo], however, 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[], Olubajo had the burden to affirmatively show error by the record. This [Olubajo] failed to do. Therefore, we must presume the trial court's judgment granting [Deutsche Bank] a writ of possession is correct.
Harden v. Young.[1] See Simmons v. Sopramco III, LLC.[2]
Judgment affirmed.
MIKELL and ADAMS, JJ., concur.
NOTES
[1] Harden v. Young, 268 Ga.App. 619, 620, 606 S.E.2d 6 (2004).
[2] Simmons v. Sopramco III, LLC, 278 Ga.App. 830, 831, 630 S.E.2d 61 (2006).