Cotton v. Ray

2 Citing cases

  1. Owners Insurance Co. v. Smith Mechanical Contractors, Inc.

    294 Ga. App. 754 (Ga. Ct. App. 2008)   Cited 2 times
    In Owners Ins. Co. v. Smith Mechanical Contractors, Inc., 294 Ga. App. 754 (670 SE2d 213) (2008), the Court of Appeals affirmed the trial court's grant of summary judgment in favor of Smith Mechanical Contractors, Inc., finding that Smith Mechanical's insurer, Owners Insurance Company, was required to provide coverage under an insurance policy for damages that occurred to certain machinery while it was being moved by Smith Mechanical.

    At the outset we note that no transcript was prepared of the hearing on the motions for summary judgment and therefore this Court assumes that the evidence presented supported the trial court's judgment. Cotton v. Ray, 276 Ga. App. 682 ( 624 SE2d 271) (2005). Although we do not have the benefit of a transcript, in its brief in opposition to Smith Mechanical's motion for summary judgment, Owners made the following argument concerning the issue of damages:

  2. Lamb v. Verizon Wireless

    644 S.E.2d 412 (Ga. Ct. App. 2007)   Cited 2 times

    In the absence of a transcript showing what evidence was presented at the hearing, and nothing contrary appearing in the record, we must assume that the trial court's evidentiary findings were correct and supported by the evidence presented at the hearing. See Cotton v. Ray, 276 Ga. App. 682 ( 624 SE2d 271) (2005). "Appellate courts will review only evidence presented to the trial court before its ruling on the motion.