Opinion
53553.
SUBMITTED MARCH 7, 1977.
DECIDED MARCH 18, 1977.
Action on contract. DeKalb State Court. Before Judge Mitchell.
J. L. Jordan, for appellant.
Stephen J. Sasine, for appellees.
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 S.E.2d 838); Doyal Development Co. v. Blair, 137 Ga. App. 434 ( 224 S.E.2d 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 S.E.2d 136); Craigmiles v. Craigmiles, 237 Ga. 498 ( 228 S.E.2d 882); Butler v. Butler, 238 Ga. 198 ( 232 S.E.2d 246). Judgment affirmed. Smith and Shulman, JJ., concur.