Senior Care Group, Inc. v. Autumn Breeze Tic-Wallace LLC

Court of Appeals of Georgia

Senior Care Group, Inc. v. Autumn Breeze Tic-Wallace LLC

DecidedJune 14, 2016

DocketA16A0630

StatusPublished

This text of Senior Care Group, Inc. v. Autumn Breeze Tic-Wallace LLC (Senior Care Group, Inc. v. Autumn Breeze Tic-Wallace LLC) 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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Senior Care Group, Inc. v. Autumn Breeze Tic-Wallace LLC, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ June 14, 2016

The Court of Appeals hereby passes the following order:

A16A0630. SENIOR CARE GROUP, INC. v. AUTUMN BREEZE TIC- WALLACE LLC, et al.

Senior Care Group, Inc. appeals the judgment entered following a bench trial, at which, as set forth in the order, “[t]he court heard from multiple witnesses.” The notice of appeal states that “[Senior Care Group’s counsel] has ordered a transcript of all proceedings,” and directs the trial court clerk to “omit nothing from the record.” However, no transcript of the bench trial was included in the appellate record.

Because this case was prematurely transmitted to this Court, this case is REMANDED to the trial court for inclusion of the transcript of the bench trial, after which this case may be re-transmitted to this Court for re-docketing. Upon re- docketing in this Court, briefing by the parties should accord with Court of Appeals Rule 23.1 Court of Appeals of the State of Georgia 06/14/2016 Clerk’s Office, Atlanta,____________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

1 See generally Bethelmie v. Heritage Place, LLC, 325 Ga. App. 655, 656 (2) (754 SE2d 624) (2014) (“It is the duty of the party asserting error to show it by the record. Assertions of evidence in briefs or enumerations of error cannot satisfy this duty.”) (citations and punctuation omitted); Goodson v. Pointer, 318 Ga. App. 308, 310, n. 10 (733 SE2d 829) (2012) (“[I]t is the primary responsibility of the appropriate parties and not this court to ensure that all documents relevant to the disposition of an appeal be duly filed with the clerk of this court prior to the issuance of our appellate decision.”) (citation and punctuation omitted).

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Court of Appeals of the State of Georgia ATLANTA,____________________ June 14, 2016

The Court of Appeals hereby passes the following order:

A16A0630. SENIOR CARE GROUP, INC. v. AUTUMN BREEZE TIC- WALLACE LLC, et al.

Senior Care Group, Inc. appeals the judgment entered following a bench trial, at which, as set forth in the order, “[t]he court heard from multiple witnesses.” The notice of appeal states that “[Senior Care Group’s counsel] has ordered a transcript of all proceedings,” and directs the trial court clerk to “omit nothing from the record.” However, no transcript of the bench trial was included in the appellate record.

Because this case was prematurely transmitted to this Court, this case is REMANDED to the trial court for inclusion of the transcript of the bench trial, after which this case may be re-transmitted to this Court for re-docketing. Upon re- docketing in this Court, briefing by the parties should accord with Court of Appeals Rule 23.1 Court of Appeals of the State of Georgia 06/14/2016 Clerk’s Office, Atlanta,____________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

1 See generally Bethelmie v. Heritage Place, LLC, 325 Ga. App. 655, 656 (2) (754 SE2d 624) (2014) (“It is the duty of the party asserting error to show it by the record. Assertions of evidence in briefs or enumerations of error cannot satisfy this duty.”) (citations and punctuation omitted); Goodson v. Pointer, 318 Ga. App. 308, 310, n. 10 (733 SE2d 829) (2012) (“[I]t is the primary responsibility of the appropriate parties and not this court to ensure that all documents relevant to the disposition of an appeal be duly filed with the clerk of this court prior to the issuance of our appellate decision.”) (citation and punctuation omitted).

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Senior Care Group, Inc. v. Autumn Breeze Tic-Wallace LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/senior-care-group-inc-v-autumn-breeze-tic-wallace-llc-gactapp-2016.

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