Andrews and McFadden, JJ., concur.Humar Properties, LLLP, supra at 308 (citations and punctuation omitted); see Ordner Constr. Co. v. Parkside Crossing, 300, LLC, 276 Ga. App. 753, 754 (1) ( 624 S.E.2d 206) (2005) (because there was no transcript of arbitration hearing or detailed findings of fact, appellate court could not find that arbitrator's award was unlawful and therefore could not conclude that superior court erred in declining to vacate award); Pitt v. Holt Dev., LLC, 269 Ga. App. 441, 442 ( 604 S.E.2d 278) (2004); Brown v. Premiere Designs, 266 Ga. App. 432, 434 ( 597 S.E.2d 466) (2004) (where absence of a record or transcript precluded review of appellants' claims of error committed by arbitrator, affirmance of state court's refusal to vacate arbitration award was necessitated); Sprewell v. Thompson Hutson, SC, LLC, 260 Ga. App. 312, 315 (3) ( 581 S.E.2d 322) (2003) (this court's decision must be made on record and not upon briefs of counsel). PHIPPS, Presiding Judge.
See OCGA §§ 9-9-13 (d); 9-9-8 (f). Compare Brown v. Premiere Designs, 266 Ga. App. 432, 433-434 ( 597 SE2d 466) (2004) (award not vacated under OCGA § 9-9-13 (b) (4) because parties waived OCGA § 9-9-8 (e) requirement that arbitrator maintain record of matters introduced at the hearing).Judgment affirmed.
OCGA § 5-6-35 (a) (3). E.g., Brown v. Premiere Designs, 266 Ga. App. 432, 434 ( 597 SE2d 466) (2004). But Court of Appeals Rule 23 (a) requires an appellant to file a brief containing an enumeration of errors within 20 days after the appeal is docketed, and further provides that "[f]ailure to file within that time, unless extended upon motion for good cause shown, may result in the dismissal of the appeal, and may subject the offender to contempt."
See Progressive Data Systems v. Jefferson Randolph Corp., 275 Ga. 420, 421 ( 568 SE2d 474) (2002) (in decision made before the addition of OCGA § 9-9-13 (b) (5) to the Code, the Supreme Court of Georgia concluded that inasmuch as the Code did not list "manifest disregard of the law" as a ground for vacating an arbitration award, it could not be used as an additional ground for vacatur). See Brown v. Premiere Designs, 266 Ga. App. 432, 433, n. 6 ( 597 SE2d 466) (2004). Ga. L. 2003, p. 820, § 9.
In accordance with the presumption in favor of the regularity of court proceedings, we must assume that, in the absence of these transcripts, the trial court's findings are supported by sufficient competent evidence. Kirkendall v. Decker, 271 Ga. 189, 191 ( 516 SE2d 73) (1999); Leitzke v. Leitzke, 239 Ga. 17, 18 (1) ( 235 SE2d 500) (1977); Brown v. Premiere Designs, 266 Ga. App. 432, 434 ( 597 SE2d 466) (2004); Bums v. Barnes, 154 Ga. App. 802 (1) ( 270 SE2d 57) (1980). "This court is a court for the correction of errors and its decision must be made on the record and not upon the briefs of counsel."
(Citation omitted.) Brown v. Premiere Designs, 266 Ga. App. 432, 434 ( 597 SE2d 466) (2004); Humar Properties v. Prior Tire Enterprises, 270 Ga. App. 306, 308 ( 605 SE2d 926) (2004). Without the arbitration hearing transcript, and in the absence of detailed findings of fact in the arbitration award, we have no means of discerning the basis for the arbitrator's decision.
The motion for imposition of penalties for frivolous appeal is denied. Brown v. Premiere Designs, 266 Ga. App. 432, 434 ( 597 SE2d 466) (2004). Id.
On December 18, 2003, Humar Properties, LLLP and Day filed their Application to Vacate Arbitration Award, which was given Civil Action File No. 2003-SV-2027. Although it is unclear why the Application was not filed in the still pending Civil Action File No. 00-SV-1286, we assume, without deciding, that this filing of the Application in December 2003 made the "manifest disregard" ground of vacatur applicable to this matter. See Brown v. Premiere Designs, 266 Ga. App. 432, 433, n. 6 ( 597 SE2d 466) (2004). The sole enumeration of error is that the arbitrators exhibited a manifest disregard of the law because there was not a valid and enforceable contract between the parties to be breached.
Consequently, Pitt failed to carry his burden of establishing by record evidence any of the four statutory bases for vacating the award; therefore, we must affirm. Brown v. Premiere Designs, 266 Ga. App. 432, 434 ( 597 SE2d 466) (2004) ("[T]he absence of a . . . transcript precludes review of . . . claims of error committed by the arbitrator, thereby necessitating an affirmance of the state court's refusal to vacate the arbitration award on any of these grounds.") (footnote omitted). Judgment affirmed. Andrews, P.J., and Miller, J., concur.
Ct. App. Ga. Certiorari denied. Reported below: 266 Ga. App. 432, 597 S. E. 2d 466.