Johnson v. Scott

Court of Appeals of Georgia

Johnson v. Scott

234 S.E.2d 184, 141 Ga. App. 645, 1977 Ga. App. LEXIS 2031

CourtCourt of Appeals of Georgia

DecidedMarch 18, 1977

Docket53553

StatusPublished

Cited by5 cases

This text of 234 S.E.2d 184 (Johnson v. Scott) 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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Johnson v. Scott, 234 S.E.2d 184, 141 Ga. App. 645, 1977 Ga. App. LEXIS 2031 (Ga. Ct. App. 1977).

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Opinion

Quillian, Presiding Judge.

The appellant filed an action to enforce statutory lien rights. The appellees answered and counterclaimed contending the appellant had breached a contract causing damages to the appellees in the amount of $1,060. The case came on for trial before a judge without a jury. The appellant having failed to appear, his complaint was dismissed and judgment entered on the counterclaim. On motion of the appellant, this order was set aside and a new judgment entered to the same effect but which contained findings of fact and conclusions of law. Appeal followed. Held:

The appellant contends that the findings of fact were mere conclusions and are without evidence to support them. In a case of this nature the judge’s findings of fact shall not be set aside unless clearly erroneous (American Appraisal Co. v. Whitley Const. Co., 126 Ga. App. 398, 399 (190 SE2d 838); Doyal Development Co. v. Blair, 137 Ga. App. 434 (224 SE2d 55)), and the judgment will not be disturbed where the record does not show error. Where, as here, there is no transcript of evidence, it is assumed that evidence was presented sufficient to sustain the judgment. Satterfield v. Satterfield, 236 Ga. 155 (1) (223 SE2d 136); Craigmiles v. Craigmiles, 237 Ga. 498 (228 SE2d 882); Butler v. Butler, 238 Ga. 198 (232 SE2d 246).

*646 Submitted March 7, 1977 Decided March 18, 1977. J. L. Jordan, for appellant. Stephen J. Sasine, for appellees.

Judgment affirmed.

Smith and Shulman, JJ., concur.

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Quillian, Presiding Judge.

The appellant filed an action to enforce statutory lien rights. The appellees answered and counterclaimed contending the appellant had breached a contract causing damages to the appellees in the amount of $1,060. The case came on for trial before a judge without a jury. The appellant having failed to appear, his complaint was dismissed and judgment entered on the counterclaim. On motion of the appellant, this order was set aside and a new judgment entered to the same effect but which contained findings of fact and conclusions of law. Appeal followed. Held:

The appellant contends that the findings of fact were mere conclusions and are without evidence to support them. In a case of this nature the judge’s findings of fact shall not be set aside unless clearly erroneous (American Appraisal Co. v. Whitley Const. Co., 126 Ga. App. 398, 399 (190 SE2d 838); Doyal Development Co. v. Blair, 137 Ga. App. 434 (224 SE2d 55)), and the judgment will not be disturbed where the record does not show error. Where, as here, there is no transcript of evidence, it is assumed that evidence was presented sufficient to sustain the judgment. Satterfield v. Satterfield, 236 Ga. 155 (1) (223 SE2d 136); Craigmiles v. Craigmiles, 237 Ga. 498 (228 SE2d 882); Butler v. Butler, 238 Ga. 198 (232 SE2d 246).

*646 Submitted March 7, 1977 Decided March 18, 1977. J. L. Jordan, for appellant. Stephen J. Sasine, for appellees.

Judgment affirmed.

Smith and Shulman, JJ., concur.

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234 S.E.2d 184, 141 Ga. App. 645, 1977 Ga. App. LEXIS 2031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-scott-gactapp-1977.

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