Archer v. Pryer, 621 S.E.2d 601 (Ga. Ct. App. 2005). · Go Syfert
Archer v. Pryer, 621 S.E.2d 601 (Ga. Ct. App. 2005). Cases Citing This Book View Copy Cite
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Ga. Ct. App. · 2006 · signal: see also · confidence low
See also Archer v. Pryer, 275 Ga. App. 663 ( 621 SE2d 601 ) (2005).
Retrieving the full opinion text from the archive…
ARCHER
v.
PRYER
A05A1435.
Court of Appeals of Georgia.
Sep 28, 2005.
621 S.E.2d 601
2005 Ga. App. LEXIS 1072
William F. Rucker, for appellant., Clorise L. Pryer, pro se.
Miller.
Cited by 1 opinion  |  Published
Miller, Judge.

Jeanette Archer appeals from the trial court’s grant of a writ of possession in favor of Clorise Pryer. Archer’s enumerations challenge the sufficiency of the evidence, but the record does not include a transcript of the trial held in this case. Archer

failed to file a transcript of the . . . proceedings and apparently did not attempt to reconstruct the transcript as allowed by 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. As the appellant, [Archer] had the burden to affirmatively show error by the record. This [she] failed to do. Therefore, we must presume the trial court’s judgment granting [Pryer] a writ of possession is correct.

(Citations omitted.) Wimbley v. Washington Mut. Bank, 271 Ga. App. 477, 478 (610 SE2d 124) (2005); Seay v. Gables Residential Svcs., 263 Ga. App. 495, 496 (588 SE2d 264) (2003).

Judgment affirmed.

Blackburn, P. J., and Bernes, J., concur.