Bright v. Wynn

Court of Appeals of Georgia

Bright v. Wynn

251 S.E.2d 56, 148 Ga. App. 95, 1978 Ga. App. LEXIS 3030

CourtCourt of Appeals of Georgia

DecidedOctober 30, 1978

Docket56585

StatusPublished

Cited by1 cases

This text of 251 S.E.2d 56 (Bright v. Wynn) 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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Bright v. Wynn, 251 S.E.2d 56, 148 Ga. App. 95, 1978 Ga. App. LEXIS 3030 (Ga. Ct. App. 1978).

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Opinion

Birdsong, Judge.

The appellant obtained a judgment against appellee and thereafter filed an affidavit for process of garnishment. The appellee filed a traverse to appellant’s [96]*96affidavit, and a hearing was held in the State Court of DeKalb County on March 24, 1978. The appellant failed to appear and sought no continuance. The trial judge, sitting without a jury, found that, as a matter of fact, there had been an accord and satisfaction between the parties and accordingly dismissed the garnishment. Appellant filed a motion for new trial, raising the general grounds, but again failed to appear at the hearing on said motion, which was denied. Held:

Argued September 20, 1978 Decided October 30, 1978 Rehearing denied November 14, 1978. Glenville Haldi, for appellant. Harris & Martin, R. Britt Harris, Jr., Nancy Pat Phillips, for appellee.

1. The controlling issue presented for consideration by this court is evidentiary: did the trial judge as fact finder, err in finding that an accord and satisfaction was reached between the parties? The record, however, is utterly devoid of a transcript of evidence, and "an appeal with enumerations of error dependent upon a consideration of the evidence heard by the trial court will, absent a transcript, be affirmed. [Cits.]” Chapman v. Conner, 138 Ga. App. 518 (226 SE2d 625). See Brown v. Donahoo, 141 Ga. App. 309 (1) (233 SE2d 269).

2. The trial court, having found that an accord and satisfaction was reached between the parties, did not err in dismissing the garnishment against the appellee.

Judgment affirmed.

Bell, C. J., and Shulman, J., concur.

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Birdsong, Judge.

The appellant obtained a judgment against appellee and thereafter filed an affidavit for process of garnishment. The appellee filed a traverse to appellant’s [96]*96affidavit, and a hearing was held in the State Court of DeKalb County on March 24, 1978. The appellant failed to appear and sought no continuance. The trial judge, sitting without a jury, found that, as a matter of fact, there had been an accord and satisfaction between the parties and accordingly dismissed the garnishment. Appellant filed a motion for new trial, raising the general grounds, but again failed to appear at the hearing on said motion, which was denied. Held:

Argued September 20, 1978 Decided October 30, 1978 Rehearing denied November 14, 1978. Glenville Haldi, for appellant. Harris & Martin, R. Britt Harris, Jr., Nancy Pat Phillips, for appellee.

1. The controlling issue presented for consideration by this court is evidentiary: did the trial judge as fact finder, err in finding that an accord and satisfaction was reached between the parties? The record, however, is utterly devoid of a transcript of evidence, and "an appeal with enumerations of error dependent upon a consideration of the evidence heard by the trial court will, absent a transcript, be affirmed. [Cits.]” Chapman v. Conner, 138 Ga. App. 518 (226 SE2d 625). See Brown v. Donahoo, 141 Ga. App. 309 (1) (233 SE2d 269).

2. The trial court, having found that an accord and satisfaction was reached between the parties, did not err in dismissing the garnishment against the appellee.

Judgment affirmed.

Bell, C. J., and Shulman, J., concur.

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251 S.E.2d 56, 148 Ga. App. 95, 1978 Ga. App. LEXIS 3030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bright-v-wynn-gactapp-1978.

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