Johnson v. Nelson-Rives Realty, Inc.

Court of Appeals of Georgia

Johnson v. Nelson-Rives Realty, Inc.

538 S.E.2d 536, 245 Ga. App. 638, 2000 Fulton County D. Rep. 3619, 2000 Ga. App. LEXIS 1034

Court of Appeals of Georgia·Decided August 22, 2000·No. A00A1781·Published·Cited by 1 cases

Opinion

Phipps, Judge.

Landlord Nelson-Rives Realty, Inc. brought this action to dispossess its tenant Johnson because of his failure to pay rent. Nelson-Rives also sought judgment for past due rent in the amount of $1,900 and future rent accruing at the rate of $15 per day. Johnson answered denying that he owed any rent, and he filed a counterclaim seeking to recover $4,000 expended by him as a result of Nelson-Rives’s failure to repair the property. Following trial, the court entered judgment granting Nelson-Rives a writ of possession and dismissing Johnson’s counterclaim with prejudice.

Johnson has filed a pro se appeal. His appellate brief consists of the following statements: “My landlord failed to repair the property. And I did some of the repair on the property so this has lowered the rent claimed. Work cost $3000.00.” Johnson’s brief contains no citations to the record, as there is no transcript of the trial. We must [639]*639therefore assume that the judgment is correct and affirm.¹ Because no reasonable grounds for a reversal have been presented, and because it appears that this appeal was taken solely for the purposes of delaying Nelson-Rives’s recovery of the property and allowing Johnson to remain in possession without paying rent, we grant Nelson-Rives’s motion for imposition of a $1,000 penalty for frivolous appeal.² Such penalty shall constitute a money judgment in favor of Nelson-Rives against Johnson.³

Decided August 22, 2000. Hoke Johnson, pro se. Joanna M. Campbell, William S. Dominy, for appellee.

Judgment affirmed.

Johnson, C. J., and Smith, P. J., concur.

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

Phipps, Judge.

Landlord Nelson-Rives Realty, Inc. brought this action to dispossess its tenant Johnson because of his failure to pay rent. Nelson-Rives also sought judgment for past due rent in the amount of $1,900 and future rent accruing at the rate of $15 per day. Johnson answered denying that he owed any rent, and he filed a counterclaim seeking to recover $4,000 expended by him as a result of Nelson-Rives’s failure to repair the property. Following trial, the court entered judgment granting Nelson-Rives a writ of possession and dismissing Johnson’s counterclaim with prejudice.

Johnson has filed a pro se appeal. His appellate brief consists of the following statements: “My landlord failed to repair the property. And I did some of the repair on the property so this has lowered the rent claimed. Work cost $3000.00.” Johnson’s brief contains no citations to the record, as there is no transcript of the trial. We must [639]*639therefore assume that the judgment is correct and affirm.¹ Because no reasonable grounds for a reversal have been presented, and because it appears that this appeal was taken solely for the purposes of delaying Nelson-Rives’s recovery of the property and allowing Johnson to remain in possession without paying rent, we grant Nelson-Rives’s motion for imposition of a $1,000 penalty for frivolous appeal.² Such penalty shall constitute a money judgment in favor of Nelson-Rives against Johnson.³

Decided August 22, 2000. Hoke Johnson, pro se. Joanna M. Campbell, William S. Dominy, for appellee.

Judgment affirmed.

Johnson, C. J., and Smith, P. J., concur.

Johnson v. Nelson-Rives Realty, Inc., 538 S.E.2d 536, 245 Ga. App. 638, 2000 Fulton County D. Rep. 3619, 2000 Ga. App. LEXIS 1034 (Ga. Ct. App. 2000).

Pincite

538 S.E.2d 536 (Johnson v. Nelson-Rives Realty, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related