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Aviation Electronics v. U.S. Energy Conservation Sys

Supreme Court of Georgia
Sep 5, 1978
248 S.E.2d 610 (Ga. 1978)

Opinion

33794.

ARGUED JULY 12, 1978.

DECIDED SEPTEMBER 5, 1978. REHEARING DENIED SEPTEMBER 26, 1978.

Injunction, etc. DeKalb Superior Court. Before Judge Broome.

Roland P. Smith, R. P. Smith, Jr., for appellant.

Heyman Sizemore, W. Dan Greer, Terry P. McKenna, for appellee.


This appeal is from a judgment granting appellee a temporary injunction and denying Aviation Electronics, Inc.'s motion to dismiss and motion for partial summary judgment.

This record presents twenty enumerations of error which can only be resolved by reference to the evidence, referred to in the order complained of, which was admitted at a hearing held in the trial court on January 31, 1978. No transcript of this evidence was forwarded with this record and none was ordered filed by appellant in its notice of appeal.

"The appellants had a choice as to whether or not they would file a transcript of the evidence, and the failure to file such a transcript will not result in a dismissal of the appeal, but no questions can be decided which require a consideration of the evidence." Steadham v. State of Ga., 224 Ga. 78, 80 (1) ( 159 S.E.2d 397) (1968).

We must presume the rulings of the trial court are supported by the evidence. Pennsylvania Poorboy, Inc. v. Robbins Restaurant, Inc., 238 Ga. 539 ( 233 S.E.2d 791) (1977).

Judgment affirmed. All the Justices concur.


ARGUED JULY 12, 1978 — DECIDED SEPTEMBER 5, 1978 — REHEARING DENIED SEPTEMBER 26, 1978.


Summaries of

Aviation Electronics v. U.S. Energy Conservation Sys

Supreme Court of Georgia
Sep 5, 1978
248 S.E.2d 610 (Ga. 1978)
Case details for

Aviation Electronics v. U.S. Energy Conservation Sys

Case Details

Full title:AVIATION ELECTRONICS, INC. v. U.S. ENERGY CONSERVATION SYSTEMS, INC

Court:Supreme Court of Georgia

Date published: Sep 5, 1978

Citations

248 S.E.2d 610 (Ga. 1978)
242 Ga. 224

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