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Archer v. Pryer

Court of Appeals of Georgia
Sep 28, 2005
621 S.E.2d 601 (Ga. Ct. App. 2005)

Opinion

A05A1435.

DECIDED SEPTEMBER 28, 2005.

Writ of possession. DeKalb State Court. Before Judge Galbaugh, pro hac vice.

William F. Rucker, for appellant.

Clorise L. Pryer, pro se.


Jeanette Archer appeals from the trial court's grant of a writ of possession in favor of Clorise Pryer. Archer's enumerations challenge the sufficiency of the evidence, but the record does not include a transcript of the trial held in this case. Archer

failed to file a transcript of the . . . proceedings and apparently did not attempt to reconstruct the transcript as allowed by OCGA § 5-6-41 (g) and (i). When a transcript of the evidence is necessary, as it is here, and the appellant omits it from the record or fails to submit a statutorily authorized substitute, we must assume that the evidence supported the grant of a writ of possession. As the appellant, [Archer] had the burden to affirmatively show error by the record. This [she] failed to do. Therefore, we must presume the trial court's judgment granting [Pryer] a writ of possession is correct.

(Citations omitted.) Wimbley v. Washington Mut. Bank, 271 Ga. App. 477, 478 ( 610 SE2d 124) (2005); Seay v. Gables Residential Svcs., 263 Ga. App. 495, 496 ( 588 SE2d 264) (2003).

Judgment affirmed. Blackburn, P.J., and Bernes, J., concur.


DECIDED SEPTEMBER 28, 2005.


Summaries of

Archer v. Pryer

Court of Appeals of Georgia
Sep 28, 2005
621 S.E.2d 601 (Ga. Ct. App. 2005)
Case details for

Archer v. Pryer

Case Details

Full title:ARCHER v. PRYER

Court:Court of Appeals of Georgia

Date published: Sep 28, 2005

Citations

621 S.E.2d 601 (Ga. Ct. App. 2005)
621 S.E.2d 601

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Wimbley v. Washington Mut. Bank, 271 Ga. App. 477, 478 ( 610 SE2d 124) (2005). See also Archer v. Pryer, 275…