Gilbert v. Colonial Stores Division

Full title: GILBERT v. COLONIAL STORES DIVISION et al

Court: Court of Appeals of Georgia

Date published: Oct 22, 1982

296 S.E.2d 404 (Ga. Ct. App. 1982)

164 Ga. App. 100

Opinion

64787.

DECIDED OCTOBER 22, 1982.

Action for damages. Fulton Superior Court. Before Judge Etheridge.

Jesse Cleveland, for appellant.

Alfred B. Adams III, Teresa D. Darroch, for appellees.

BANKE, Judge.

The plaintiff appeals following the entry of a directed verdict for the defendants in his action for false imprisonment and malicious prosecution. The notice of appeal specifies that no transcript of evidence will be included in the record on appeal. In accordance with this mandate, no transcript has been transmitted to us. Held:

In the absence of a transcript or stipulation of evidence prepared in accordance with Code Ann. § 6-805, we must assume that the trial court's assessment of the plaintiff's evidence was correct. See American Vigorelli, Inc. v. Smith, Phillips Dipietro, 157 Ga. App. 52 ( 276 S.E.2d 158) (1981); Morris v. Hodge, 152 Ga. App. 815, 817 ( 264 S.E.2d 482) (1979).

Judgment affirmed. McMurray, P. J., and Birdsong, J., concur.

DECIDED OCTOBER 22, 1982.