Archer v. Pryer

Court of Appeals of Georgia

Archer v. Pryer

621 S.E.2d 601, 275 Ga. App. 663, 2005 Ga. App. LEXIS 1072

CourtCourt of Appeals of Georgia

DecidedSeptember 28, 2005

DocketA05A1435

StatusPublished

Cited by1 cases

This text of 621 S.E.2d 601 (Archer v. Pryer) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Archer v. Pryer, 621 S.E.2d 601, 275 Ga. App. 663, 2005 Ga. App. LEXIS 1072 (Ga. Ct. App. 2005).

Pincite

Opinion

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.

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