Gillispie v. AAA Pawnbrokers, Inc.

Court of Appeals of Georgia

Gillispie v. AAA Pawnbrokers, Inc.

531 S.E.2d 754, 242 Ga. App. 867, 2000 Fulton County D. Rep. 1447, 2000 Ga. App. LEXIS 369

CourtCourt of Appeals of Georgia

DecidedMarch 17, 2000

DocketA99A1828

StatusPublished

This text of 531 S.E.2d 754 (Gillispie v. AAA Pawnbrokers, Inc.) 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

Gillispie v. AAA Pawnbrokers, Inc., 531 S.E.2d 754, 242 Ga. App. 867, 2000 Fulton County D. Rep. 1447, 2000 Ga. App. LEXIS 369 (Ga. Ct. App. 2000).

Pincite

Opinion

Miller, Judge.

Levita Gillispie sued AAA Pawnbrokers for the wrongful repossession of her automobile. After a bench trial, the court awarded judgment in favor of AAA. Acting pro se, Gillispie appeals that judgment, raising several enumerations of error concerning evidence and witness testimony. But Gillispie did not include a transcript of the trial in the appellate record so we can determine if the court committed error, nor did she submit any authorized substitute for the transcript. Gillispie moved to have the court reporter provide her a copy of the transcript, but the trial court denied the motion because she failed to appear at the hearing on her motion and did not pay her portion of the cost of preparing the transcript.

The appellant has the burden to show the alleged error by the record, and “where the proof necessary for determination of the issues on appeal is omitted from the record, an appellate court must assume that the judgment below was correct and affirm.”* ¹ Because [868]*868Gillispie failed to submit the trial transcript, we are unable to consider the merits of her claim and must affirm.

Decided March 17, 2000. Levita R. Gillispie, pro se. Frank G. Smith, Arthur H. Marateck, for appellee.

Judgment affirmed.

Pope, P. J., and Smith, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Miller, Judge.

Levita Gillispie sued AAA Pawnbrokers for the wrongful repossession of her automobile. After a bench trial, the court awarded judgment in favor of AAA. Acting pro se, Gillispie appeals that judgment, raising several enumerations of error concerning evidence and witness testimony. But Gillispie did not include a transcript of the trial in the appellate record so we can determine if the court committed error, nor did she submit any authorized substitute for the transcript. Gillispie moved to have the court reporter provide her a copy of the transcript, but the trial court denied the motion because she failed to appear at the hearing on her motion and did not pay her portion of the cost of preparing the transcript.

The appellant has the burden to show the alleged error by the record, and “where the proof necessary for determination of the issues on appeal is omitted from the record, an appellate court must assume that the judgment below was correct and affirm.”* ¹ Because [868]*868Gillispie failed to submit the trial transcript, we are unable to consider the merits of her claim and must affirm.

Decided March 17, 2000. Levita R. Gillispie, pro se. Frank G. Smith, Arthur H. Marateck, for appellee.

Judgment affirmed.

Pope, P. J., and Smith, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

531 S.E.2d 754, 242 Ga. App. 867, 2000 Fulton County D. Rep. 1447, 2000 Ga. App. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillispie-v-aaa-pawnbrokers-inc-gactapp-2000.

Opinion

Related

Cite This Page — Counsel Stack