Boswell v. Blease

Court of Appeals of Georgia

Boswell v. Blease

259 S.E.2d 102, 150 Ga. App. 846, 1979 Ga. App. LEXIS 2396

CourtCourt of Appeals of Georgia

DecidedJuly 3, 1979

Docket57870

StatusPublished

Cited by2 cases

This text of 259 S.E.2d 102 (Boswell v. Blease) 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.

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Boswell v. Blease, 259 S.E.2d 102, 150 Ga. App. 846, 1979 Ga. App. LEXIS 2396 (Ga. Ct. App. 1979).

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Opinion

Underwood, Judge.

This is an appeal from the denial of a "Petition in Equity to set aside Void Order” in which John S. Boswell, Sr. had been held in contempt of court. The trial court in denying the petition recited that Boswell had failed to present evidence or make any showing sufficient to set aside the contempt order, and we are not prepared to hold otherwise. He has not brought up a transcript of the evidence nor otherwise met his burden of demonstrating error affirmatively by the record as he is required to do (Redwing Carriers v. Knight, 143 Ga. App. 668, 674 (239 SE2d 686) (1977)), and "the judgment of the trial court will not be disturbed where the record does not show error.” Craigmiles v. Craigmiles, 237 Ga. 498 (228 SE2d 882) (1976).

Judgment affirmed.

McMurray, P. J., and Banke, J., concur.

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Underwood, Judge.

This is an appeal from the denial of a "Petition in Equity to set aside Void Order” in which John S. Boswell, Sr. had been held in contempt of court. The trial court in denying the petition recited that Boswell had failed to present evidence or make any showing sufficient to set aside the contempt order, and we are not prepared to hold otherwise. He has not brought up a transcript of the evidence nor otherwise met his burden of demonstrating error affirmatively by the record as he is required to do (Redwing Carriers v. Knight, 143 Ga. App. 668, 674 (239 SE2d 686) (1977)), and "the judgment of the trial court will not be disturbed where the record does not show error.” Craigmiles v. Craigmiles, 237 Ga. 498 (228 SE2d 882) (1976).

Judgment affirmed.

McMurray, P. J., and Banke, J., concur.

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Bluebook (online)

259 S.E.2d 102, 150 Ga. App. 846, 1979 Ga. App. LEXIS 2396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boswell-v-blease-gactapp-1979.

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