Cronin v. Homesales, Inc., 674 S.E.2d 35 (Ga. Ct. App. 2009). · Go Syfert
Cronin v. Homesales, Inc., 674 S.E.2d 35 (Ga. Ct. App. 2009). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 1 distinct court.
Strongest positive: Waters v. PCC Airfoils, LLC (gactapp, 2014-06-26)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Waters v. PCC Airfoils, LLC
Ga. Ct. App. · 2014 · confidence medium
Despite the fact that “[i]t is not the function of this Court to cull the record on behalf of a party in search of instances of error,” Cronin v. Homesales, Inc., 296 Ga. App. 293, 294 ( 675 SE2d 35 ) (2009) (punctuation and footnote omitted), a diligent search of the record performed before our opinion was issued and again after this motion for reconsideration was filed did not reveal the WC-3 notices.
discussed Cited as authority (rule) Janet Waters v. Pcc Airfoils, LLC
Ga. Ct. App. · 2014 · confidence medium
Despite the fact that “[i]t is not the function of this Court to cull the record on behalf of a party in search of instances of error,” Cronin v. Homesales, Inc., 296 Ga. App. 293, 294 ( 675 SE2d 35 ) (2009) (footnote omitted), a diligent search of the record performed before our opinion was issued and again after this motion for reconsideration was filed did not reveal the WC-3 notices.
discussed Cited as authority (rule) Trevor Brown v. Mowr Enterprises, LLC
Ga. Ct. App. · 2013 · confidence medium
Accordingly, the judgment of the trial court must be affirmed.5 2 Guilford v. Marriott Intl., 296 Ga. App. 503, 504 ( 675 SE2d 247 ) (2009) (citation, punctuation and footnote omitted); see Bennett v. Quick, 305 Ga. App. 415, 416 ( 699 SE2d 539 ) (2010); Simon v. City of Atlanta, 287 Ga. App. 119, 120 (1) ( 650 SE2d 783 ) (2007). 3 Cronin v. Homesales, Inc. 296 Ga. App. 293, 294 ( 674 SE2d 35 ) (2009) (punctuation and footnotes omitted); see Bennett, supra; Simon, supra. 4 Hicks v. Maple Valley Corp., 223 Ga. 577, 578-579 ( 156 SE2d 904 ) (1967). 5 See id.; Dwyer v. Mtg.
cited Cited as authority (rule) Whitley v. White
Ga. Ct. App. · 2012 · confidence medium
The burden is upon the party alleging error to show it affirmatively in the record.” (Punctuation omitted.) Cronin v. Homesales, Inc., 296 Ga. App. 293, 294 ( 674 SE2d 35 ) (2009).
cited Cited as authority (rule) Helms v. Franklin Builders, Inc.
Ga. Ct. App. · 2010 · confidence medium
Pope, Jr., concur. 1 Cronin v. Homesales, Inc., 296 Ga. App. 293, 294 ( 674 SE2d 35 ) (2009). 2 Reid v. Ga. Bldg.
discussed Cited as authority (rule) Bailey v. STONECREST CONDOMINIUM ASS'N
Ga. Ct. App. · 2010 · confidence medium
Svcs., 161 F3d 1318 , 1330 (II) (C) (1) (11th Cir. 1998). 13 Equal Employment Opportunity Comm. v. Alton Packaging Corp., 901 F2d 920, 924 (II) (A) (11th Cir. 1990). 14 Schoenfeld v. Babbitt, 168 F3d 1257, 1266 (IV) (2) (A) (11th Cir. 1999). 15 Cronin v. Homesales, Inc., 296 Ga. App. 293, 294 ( 674 SE2d 35 ) (2009). 16 Carter v. Three Springs Residential Treatment, 132 F3d 635, 642 (III) (A) (11th Cir. 1998). 17 Earley v. Champion Intl.
discussed Cited as authority (rule) Fortson v. Hotard
Ga. Ct. App. · 2009 · confidence medium
Court of Appeals Rule 25 (c) (2) (i) (“[e]ach enumerated error shall be supported in the brief by specific reference to the record or transcript”). 3 Simon v. City of Atlanta, 287 Ga. App. 119, 120 (1) ( 650 SE2d 783 ) (2007). 4 (Punctuation omitted.) Cronin v. Homesales, Inc., 296 Ga. App. 293, 294 ( 674 SE2d 35 ) (2009). 5 See Studard v. Dept. of Transp., 219 Ga. App. 643, 646 (3) ( 466 SE2d 236 ) (1995). 6 Paden v. Rudd, 294 Ga. App. 603, 604 (1) ( 669 SE2d 548 ) (2008). 7 Levy v. Reiner, 290 Ga. App. 471, 472 (1) ( 659 SE2d 848 ) (2008). 8 (Punctuation omitted.) Perry v. Ossick, 220 Ga…
discussed Cited as authority (rule) Guilford v. Marriott International, Inc.
Ga. Ct. App. · 2009 · confidence medium
Adams and Doyle, JJ., concur. 1 Gardner v. State, 289 Ga. App. 359, 359-360 ( 657 SE2d 288 ) (2008). 2 Simon v. City of Atlanta, 287 Ga. App. 119, 120 (1) ( 650 SE2d 783 ) (2007). 3 Cronin v. Homesales, Inc., 296 Ga. App. 293, 294 ( 674 SE2d 35 ) (2009). 4 Dixon v. MARTA, 242 Ga. App. 262, 266 (4) ( 529 SE2d 398 ) (2000). 5 Studard v. Dept. of Transp., 219 Ga. App. 643, 646 (3) ( 466 SE2d 236 ) (1995). 6 Paden v. Rudd, 294 Ga. App. 603, 604 (1) ( 669 SE2d 548 ) (2008). 7 Jacobs v. Chatham County, Ga., 295 Ga. App. 74, 77 (3) ( 670 SE2d 885 ) (2008). 8 Hills v. State, 291 Ga. App. 873, 874 ( 66…
Retrieving the full opinion text from the archive…
Cronin
v.
Homesales, Inc.
A08A2219.
Court of Appeals of Georgia.
Jan 29, 2009.
674 S.E.2d 35
2009 Ga. App. LEXIS 133
Francis X. Moore, for appellant., McCalla Raymer, Adam M. Silver, Elizabeth A. George, for appellee.
Johnson, Barnes, Phipps.
Cited by 10 opinions  |  Published
JOHNSON, Presiding Judge.

In this dispossessory action, Patricia Cronin appeals the state court’s grant of a writ of possession in favor of Homesales, Inc. Because Cronin failed to file a transcript of the trial, we affirm.

The record shows that Homesales instituted dispossessory proceedings against Cronin, claiming Cronin was a tenant at sufferance following a foreclosure sale. Cronin answered, denying the property was in foreclosure and praying for injunctive relief and a restraining order barring Homesales from taking possession of the property. Following a bench trial, the trial court entered a writ of possession in favor of Homesales.

Cronin appeals the trial court’s order, alleging the trial court erred in entering its judgment because there were questions of disputed facts, and claiming the trial court did not have jurisdiction because she had counterclaimed for equitable relief. We find no error and affirm the trial court’s order.

We first note that while Cronin attaches a number of exhibits to her appellate brief, her brief fails to provide any references to the[*294] record to support her enumerations of errors. Court of Appeals Rule 25 (c) (2) (i) provides that “[e]ach enumerated error shall be supported in the brief by specific reference to the record or transcript. In the absence of such reference, the Court will not search for or consider such enumeration.” “It is not the function of this court to cull the record on behalf of a party in search of instances of error. The burden is upon the party alleging error to show it affirmatively in the record.” [1] Moreover, allegations of fact appearing only in appellate briefs and unsupported by evidence in the record will not be considered on appeal. [2]

Most importantly, we note that Cronin makes various arguments based on factual issues that would require consideration of the evidence presented before the trial court. Cronin, however, failed to file a transcript of the bench trial and apparently did not attempt to reconstruct the proceedings in accordance with OCGA § 5-6-41 (g) and (i). “When a transcript of the evidence is necessary, as it is here, and the appellant omits it from the record or fails to submit a statutorily authorized substitute, we must assume that the evidence supported the grant of a writ of possession.” [3] Cronin had the burden to affirmatively show error by the record, [4] and she has failed to provide this Court with any evidence to support her allegations of error. We must presume that the trial court’s judgment and orders are correct.

Although Cronin claims the state court improperly entered judgment without holding a trial or taking evidence, the record shows that the court heard and considered evidence before entering judgment. Nothing supports Cronin’s claim that the trial court entered its judgment on the pleadings.

We likewise find no merit in Cronin’s claim that the state court lacked jurisdiction to render its judgment because Cronin’s answer requested equitable relief. This question was addressed in Davita, Inc. v. Othman, [5] in which we found that since the only equitable relief sought by the appellant was to enjoin the appellees from pursuing their dispossessory action, the state court maintained jurisdiction and properly refused to grant such relief. Because the relief sought by Cronin was “inherent within the state court’s power[*295] to refuse to issue a writ of possession,” [6] the trial court properly exercised jurisdiction in this case.

Decided January 29, 2009 Reconsideration denied February 24, 2009 Francis X. Moore, for appellant. McCalla Raymer, Adam M. Silver, Elizabeth A. George, for appellee.

Judgment affirmed.

Barnes and Phipps, JJ., concur.
1

(Citation and punctuation omitted.) Dwyer v. Mortgage Electronic Registration Systems, 258 Ga. App. 220 (573 SE2d 489) (2002).

2

See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) (464 SE2d 219) (1995).

3

(Punctuation omitted.) Olubajo v. Deutsche Bank Nat. Trust Co., 280 Ga. App. 154 (633 SE2d 543) (2006).

5

270 Ga. App. 93, 95-96 (1) (606 SE2d 112) (2004); see also Speir v. Davis, 235 Ga. 788, 789 (221 SE2d 575) (1976).