Edelberg v. Porterfield

Court of Appeals of Georgia

Edelberg v. Porterfield

304 S.E.2d 739, 166 Ga. App. 383, 1983 Ga. App. LEXIS 2176

CourtCourt of Appeals of Georgia

DecidedApril 22, 1983

Docket65874

StatusPublished

Cited by1 cases

This text of 304 S.E.2d 739 (Edelberg v. Porterfield) 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

Edelberg v. Porterfield, 304 S.E.2d 739, 166 Ga. App. 383, 1983 Ga. App. LEXIS 2176 (Ga. Ct. App. 1983).

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Opinion

McMurray, Presiding Judge.

This is an action on a lease. Plaintiffs complaint alleged that defendant leased certain premises for an initial term of approximately two years, but that defendant “has abandoned said premises without having first paid all monies due.”

Upon the trial of the case, before a jury, the trial court directed the verdict in favor of plaintiff. Defendant appeals enumerating as error the trial court’s directing of the verdict in favor of plaintiff and the denial of defendant’s motion for directed verdict. Held:

Defendant’s enumerations of error require review of the evidence and proceedings at trial. Inasmuch as there is no transcript or stipulation of the record as provided in OCGA § 5-6-41 (formerly Code Ann. § 6-805 (Ga. L. 1965, pp. 18,24)) we must presume that the trial court’s rulings, enumerated as error, were authorized by the evidence. Pugh v. Pou, 238 Ga. 450, 451 (2) (233 SE2d 198); Harris v. Clark, 157 Ga. App. 549 (2) (278 SE2d 132); Burns v. Barnes, 154 Ga. App. 802 (1) (270 SE2d 57).

Judgment affirmed.

Shulman, C. J., and Birdsong, J., concur. Russell T. Quarterman, for appellee.

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McMurray, Presiding Judge.

This is an action on a lease. Plaintiffs complaint alleged that defendant leased certain premises for an initial term of approximately two years, but that defendant “has abandoned said premises without having first paid all monies due.”

Upon the trial of the case, before a jury, the trial court directed the verdict in favor of plaintiff. Defendant appeals enumerating as error the trial court’s directing of the verdict in favor of plaintiff and the denial of defendant’s motion for directed verdict. Held:

Defendant’s enumerations of error require review of the evidence and proceedings at trial. Inasmuch as there is no transcript or stipulation of the record as provided in OCGA § 5-6-41 (formerly Code Ann. § 6-805 (Ga. L. 1965, pp. 18,24)) we must presume that the trial court’s rulings, enumerated as error, were authorized by the evidence. Pugh v. Pou, 238 Ga. 450, 451 (2) (233 SE2d 198); Harris v. Clark, 157 Ga. App. 549 (2) (278 SE2d 132); Burns v. Barnes, 154 Ga. App. 802 (1) (270 SE2d 57).

Judgment affirmed.

Shulman, C. J., and Birdsong, J., concur. Russell T. Quarterman, for appellee.

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Bluebook (online)

304 S.E.2d 739, 166 Ga. App. 383, 1983 Ga. App. LEXIS 2176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edelberg-v-porterfield-gactapp-1983.

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