Plaintiff Colwell Mortgage Corporation filed this action against defendant Taylor alleging wrongful interference with plaintiff’s efforts to complete a nonjudicial repossession of a mobile home. Defendant answered and counterclaimed. Prior to trial summary judgment was granted in favor of plaintiff and against defendant as to defendant’s counterclaims. At trial the jury returned a verdict in favor of defendant. Defendant appeals the grant of summary judgment in favor of plaintiff in regard to defendant’s counterclaims. Held:
Plaintiff’s motion for summary judgment was based on the pleadings and the deposition of defendant. The deposition of defendant is
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not included in the record designated by defendant’s notice of appeal. “It is still the law of Georgia that the burden is upon the party asserting error on appeal to show such error by the record.
Smith v. State of Ga.,
Judgment affirmed.
