Roberts v. Windsor Credit

9 Citing cases

  1. Doe v. State

    362 Ga. App. 230 (Ga. Ct. App. 2021)

    See OCGA § 5-6-34 (d). See also Roberts v. Windsor Credit Svcs. , 301 Ga. App. 393, 394 (1), 687 S.E.2d 647 (2009). And, given that Doe enumerates as error the issue of the applicability of subsection (j) (4) in relation to the trial court's order denying his motion for reconsideration, it is immaterial that Doe does not enumerate as error that the trial court erred in declining to address the applicability of subsection (j) (4) in the final judgment disposing of his pro se petition.

  2. Farmer v. Branch Banking Trust Co.

    718 S.E.2d 867 (Ga. Ct. App. 2011)   Cited 3 times

    Thus, we have no means to determine what evidence was introduced in support of any of the parties' positions on these issues. Roberts v. Windsor Credit Svcs., 301 Ga.App. 393, 396(2), 687 S.E.2d 647 (2009). The burden is on the party alleging error to show it affirmatively by the record.

  3. Nelson v. Board of Regents of the Univ

    307 Ga. App. 220 (Ga. Ct. App. 2010)   Cited 8 times
    Holding that previous denial of summary judgment "decide[d] nothing except that under the evidence before the court at that time there can be rendered no judgment as a matter of law"

    Plaintiffs' remaining enumerations of error concern matters that are being considered by this Court, pursuant to OCGA § 5-6-34 (d), which provides that, where a proper appeal is taken, an appellate court may also review other orders rendered in the case below, which are raised on appeal and may affect the proceedings, regardless of whether the other orders were independently appealable. See, e.g., Roberts v. Windsor Credit Servs., 301 Ga. App. 393, 395 (1) ( 687 SE2d 647) (2009). Plaintiffs' decision to abandon their challenge to the trial court's order granting the Board of Regents's motion to dismiss does not deprive this Court of jurisdiction to consider the remaining orders that fall within the ambit of OCGA § 5-6-34 (d).

  4. Trotter v. Ayres

    315 Ga. App. 7 (Ga. Ct. App. 2012)   Cited 9 times

    Because the transcript of the evidentiary hearing is not part of the record, we must presume that the trial court's ruling was correct and affirm. See Charlot v. Goldwire, 310 Ga.App. 463, 465(2), 713 S.E.2d 667 (2011); Roberts v. Windsor Credit Svcs., 301 Ga.App. 393, 396(2), 687 S.E.2d 647 (2009). 4.

  5. Trotter v. Ayres

    A12A0702 (Ga. Ct. App. Mar. 5, 2012)

    Because the transcript of the evidentiary hearing is not part of the record, we must presume that the trial court's ruling was correct and affirm. See Charlot v. Goldwire, 310 Ga. App. 463, 465 (2) (713 SE2d 667) (2011); Roberts v. Windsor Credit Svcs., 301 Ga. App. 393, 396 (2) (687 SE2d 647) (2009). 4.

  6. Johnson v. Ware

    313 Ga. App. 774 (Ga. Ct. App. 2012)   Cited 4 times
    Reversing in part and remanding where the order included an award of tuition outside the overall calculation of child support

    “The burden is on the party alleging error to show it affirmatively by the record. When the burden is not met, the judgment complained of is assumed to be correct and must be affirmed. [Cit.]” (Citation and punctuation omitted) Roberts v. Windsor Credit Svcs., 301 Ga.App. 393, 396(2), 687 S.E.2d 647 (2009). Although the court denied Johnson's motion to provide a narrative transcript of the trial, Johnson has not appealed that decision.

  7. Trey Inman & Associates, P.C. v. Bank of America, N.A.

    306 Ga. App. 451 (Ga. Ct. App. 2010)   Cited 43 times
    Holding that funds disbursed via wire transfer were specific and identifiable

    Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 2 ( 456 SE2d 71) (1995).Roberts v. Windsor Credit Svcs., 301 Ga. App. 393, 395 (1) ( 687 SE2d 647) (2009). 2. TIA contends that the trial court erred in granting summary judgment to the Bank on its conversion claim because TIA followed the Bank's payoff instructions.

  8. Murray v. Dekalb Farmers Market, Inc.

    305 Ga. App. 523 (Ga. Ct. App. 2010)   Cited 10 times
    Affirming only that portion of fee award that was supported by evidence in the record

    (Citation, punctuation and footnote omitted.) Roberts v. Windsor Credit Svcs., 301 Ga. App. 393, 395 (1) ( 687 SE2d 647) (2009). Since Murray was appealing the order of dismissal, order denying her motion for default judgment and orders respecting attorney fees, we have jurisdiction to consider Murray's appeal.

  9. Clemons v. Delta Airlines, Inc.

    338 Ga. App. 844 (Ga. Ct. App. 2016)   Cited 5 times

    (c) Clemons's remaining claims for tortious interference, negligent misrepresentation, and fraudulent concealment are not properly before us on appeal because these claims arise from allegations against the individual defendants. As noted above, Clemons did not appeal from the dismissal of the individual defendants, he does not enumerate as error the trial court's dismissal of the individual defendants, and he makes no argument on appeal that dismissal of the individual defendants was improper. Additionally, the only order he identified in his notice of appeal was the order dismissing his claims against Delta. Cf. Roberts v. Windsor Credit Svcs. , 301 Ga.App. 393, 394–395, 687 S.E.2d 647 (2009) (concluding that court could consider all rulings by the trial court unless not enumerated as error); Headrick v. Stonepark of Dunwoody Unit Owners Assn., Inc., 331 Ga.App. 772, 780, 771 S.E.2d 382 (2015) (issues not argued on appeal are deemed abandoned). Thus, we do not address the claims against the individual defendants.