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Schacknow v. Woodring

Court of Appeals of Georgia
Sep 18, 2002
571 S.E.2d 207 (Ga. Ct. App. 2002)

Opinion

A02A1133.

Decided September 18, 2002.

Personal injury. Columbus Municipal Court. Before Judge TURNER.

Mark Schacknow, pro se.

Cheryl Schacknow, pro se. Martin, Snow, Grant Napier, William H. Larsen, Henry D. Bullard, for appellee.


Mark and Cheryl Schacknow sued Jennifer Woodring in the Columbus Municipal Court for personal injuries and property damage resulting from a parking lot collision. Woodring answered and counterclaimed for property damage. After a bench trial, the trial court found for the defendants and entered judgment against the Schacknows. The Schacknows appeal the judgment pro se, and for the reasons that follow, we affirm.

First, we note that the Schacknows' brief does not comply with Rule 27 of the Court of Appeals regarding structure and content. It merely prays that this Court find there is "genuine reason to allow oral arguments and grant judgment on behalf of the Plaintiffs." Rather than alleging specific errors, the brief then itemizes "facts" that are unsupported by the record, and includes documents not included in the record.

Our requirements as to the form of appellate briefs were created not to provide an obstacle, but to aid parties in presenting their arguments in a manner most likely to be fully and efficiently comprehended by this Court; a party will not be granted relief should we err in deciphering a brief which fails to adhere to the required form.

(Punctuation and foornote omitted.) Campbell v. Breedlove, 244 Ga. App. 819, 821 ( 535 S.E.2d 308) (2000).

The Schacknows' argument appears to be that the lawyer hired by the insurance company to defend them against Woodring's counterclaim settled that claim before trial without their knowledge or consent, and left them unprepared to try their case when it was called for trial. They have attached to their brief copies of police reports, medical records, and letters that are not included in the record. This Court, however, cannot consider these arguments or these documents, "for we must take our evidence from the record." Ostuni Bros. v. Fulton County Dept. of Public Works, 184 Ga. App. 406, 408(2) ( 361 S.E.2d 668) (1987).

Further, the record contains no transcript, and we therefore have no way to review the evidence produced at trial to review the trial court's decision.

It is well-settled law that without a transcript to review, this court must assume as a matter of law that the evidence at trial supported the court's findings. It is the burden of the complaining party, including pro se appellants, to compile a complete record of what happened at the trial level, and when this is not done, there is nothing for the appellate court to review.

(Citations and punctuation omitted.) Kulkov v. Botvinik, 230 Ga. App. 204 (1) ( 495 S.E.2d 662) (1998).

For these reasons, we must affirm the judgment of the trial court.

Judgment affirmed. RUFFIN, P.J., and POPE, Senior Appellate Judge, concur.


DECIDED SEPTEMBER 18, 2002.


Summaries of

Schacknow v. Woodring

Court of Appeals of Georgia
Sep 18, 2002
571 S.E.2d 207 (Ga. Ct. App. 2002)
Case details for

Schacknow v. Woodring

Case Details

Full title:SCHACKNOW et al. v. WOODRING

Court:Court of Appeals of Georgia

Date published: Sep 18, 2002

Citations

571 S.E.2d 207 (Ga. Ct. App. 2002)
571 S.E.2d 207

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