Fleming v. Advanced Stores Co., 688 S.E.2d 414 (Ga. Ct. App. 2009). · Go Syfert
Fleming v. Advanced Stores Co., 688 S.E.2d 414 (Ga. Ct. App. 2009). Cases Citing This Book View Copy Cite
59 citation events (59 in the last 25 years) across 1 distinct court.
Strongest positive: MARVALYNE ARNOLD v. FAIRWAY MANAGEMENT, INC. (gactapp, 2025-06-25)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (quoted) MARVALYNE ARNOLD v. FAIRWAY MANAGEMENT, INC. (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence low
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.
discussed Cited as authority (quoted) CIJII LUNDY v. HANCOCK COUNTY (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
it is not the function of this court to cull the record on behalf of a party in search of instances of error.
examined Cited as authority (quoted) Calvin Bowser v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence low
we recognize that bowser is acting pro se; nevertheless, 'that status does not relieve him of the obligation to comply with the substantive and procedural requirements of the law, including the rules of this court.
examined Cited as authority (quoted) Shavon Jabbar Prescott v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence low
we recognize that prescott is acting pro se; nevertheless, 'that status does not relieve him of the obligation to comply with the substantive and procedural requirements of the law, including the rules of this 12 court.
discussed Cited as authority (rule) DONALD E. NEAL v. METRO CONTENTS, INC.
Ga. Ct. App. · 2026 · confidence medium
In support of their argument, the Neals provide only two legal citations—one for the requirements necessary to obtain relief under quantum meruit and one for the proposition that, at the summary-judgment stage, we do not weigh the evidence or make credibility determinations.10 Other than that, the Neals merely make conclusory allegations unsupported by a single record citation.11 As we have explained, a claim of error is abandoned when an appellant cites only basic legal authority (such as the standard of review), but provides no legal authority applicable to his or her specific 10 See Woods…
discussed Cited as authority (rule) Kenneth Wayne Clay v. State
Ga. Ct. App. · 2026 · confidence medium
In any event, Clay concedes it is unclear which application he was referencing, especially because “significant portions of the surrounding transcript are deemed ‘unintelligible.’” In any event, Clay referencing an application he had already submitted requesting counsel in an unspecified case does not equate to a clear post-waiver request for counsel during the motions hearing at issue. 17 Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009) (punctuation omitted).
discussed Cited as authority (rule) LOLETHA DENISE HALE v. ASBM INVESTMENTS, LLC
Ga. Ct. App. · 2025 · confidence medium
See Court of Appeals Rule 25 (d) (1) (“Any enumeration of error that is not supported in the brief by citation of authority or argument may be deemed abandoned.”); Fleming v. Advanced Stores Co., 301 Ga. App. 734, 736 ( 688 SE2d 414 ) (2009) (appellant abandoned enumerated error by failing to put forth legal argument, “which requires, at a minimum, a discussion of the appropriate law as applied to the relevant facts”) (citation and punctuation omitted). 5.
discussed Cited as authority (rule) Rainbow Real Investors, Lp v. Red Oak Village Condominium Association, Inc.
Ga. Ct. App. · 2025 · confidence medium
As we have emphasized, 7 “[i]t is not the function of this Court to cull the record on behalf of a party in search of instances of error.” (Citation, punctuation, and footnote omitted.) Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009).
discussed Cited as authority (rule) Melissa Baker v. Tracey Cuthbertson, as the of the Estate of Robert Moffitt (2×) also: Cited "see"
Ga. Ct. App. · 2024 · confidence medium
Brown and Padgett, JJ., concur. 37 Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009). 38 Bennett v. Quick, 305 Ga. App. 415, 416 ( 699 SE2d 539 ) (2010) (punctuation omitted); accord Vick v. Tower Place, L.P., 268 Ga. App. 108, 109 (2) ( 601 SE2d 348 ) (2004). 39 Bennett, 305 Ga. App. at 416 (punctuation omitted) (emphasis supplied); accord Fleming, 301 Ga. App. at 735 . 40 We take this opportunity to remind counsel that “the requirements as to the form of appellate briefs were created, not to provide an obstacle, but to aid parties in presenting their arguments i…
discussed Cited as authority (rule) State v. Devdan Yearwood-Cabbel
Ga. Ct. App. · 2024 · confidence medium
A23A1728 (Oct. 4, 2023), available at https://vimeo.com/871883408?share=copy. 2 Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009) (punctuation omitted); see Wilson v. Mallard Creek Holdings, 238 Ga. App. 746, 747 ( 519 SE2d 925 ) (1999) ( “It is not the function of appellate judges to engage in the . . . search for support of alleged error without citation to relevant parts of the record.” (punctuation omitted)); CT.
discussed Cited as authority (rule) Shantai L. Brooks v. Lania P. Hayden
Ga. Ct. App. · 2020 · confidence medium
And it is not the function of this Court to “cull the record on behalf of a party in search of instances of error.” Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009) (punctuation omitted) Instead, the burden is “upon the party alleging error to show it affirmatively in the record.” Id. (punctuation omitted) (emphasis supplied).
discussed Cited as authority (rule) In Re Estate of Louise Ray Burkhalter
Ga. Ct. App. · 2020 · confidence medium
See infra note 32. 32 See Farmer v. Dep’t of Corr., 346 Ga. App. 387, 394 (2) ( 816 SE2d 376 ) (2018) (“[M]ere conclusory statements are not the type of meaningful argument contemplated by our rules.” (punctuation omitted)); Woods v. Hall, 315 Ga. App. 93, 96 ( 726 SE2d 596 ) (2012) (“[A]n assertion of error followed by a case citation is not legal argument, which requires, at a minimum, a discussion of the appropriate law as applied to the relevant facts” (punctuation omitted)); Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009) (“It is not the function …
discussed Cited as authority (rule) Northside Hospital Inc. v. E. Kendrick Smith (2×)
Ga. Ct. App. · 2016 · confidence medium
The burden, of course, is on “the party alleging error to show it affirmatively by the record[,] [and] [w]hen the burden is not met, the judgment complained of is assumed to be correct and must be affirmed.” Fleming v. Advanced Stores Co., 301 Ga. App. 734, 736 ( 688 SE2d 414 ) (2009) (punctuation omitted); see also COURT OF APPEALS RULE 25 (c) (2) (i).
cited Cited as authority (rule) Joseph Pait v. City of Albany, Georgia
Ga. Ct. App. · 2015 · confidence medium
Fleming v. Advanced Stores Co., 301 Ga.App. 734, 735 ( 688 SE2d 414 ) (2009) (citations, punctuation and emphasis omitted).
discussed Cited as authority (rule) Fennelly v. Lyons
Ga. Ct. App. · 2015 · confidence medium
Zion-Morrow, LLC, 305 Ga. App. 74, 76 ( 699 SE2d 58 ) (2010) (punctuation omitted); accord Grizzle v. Norsworthy, 292 Ga. App. 303, 306 (2) ( 664 SE2d 296 ) (2008). 46 Grizzle, 292 Ga. App. at 306 (2) (punctuation omitted); see Montega Corp. v. Hazelrigs, 229 Ga. 126, 127 ( 189 SE2d 421 ) (1972) (“In cases where mere negligence is relied on, before damages for mental pain and suffering are allowable, there must also be an actual physical injury to the person, or a pecuniary loss resulting from an injury to the person which is not physical; such an injury to a person’s reputation, or the me…
discussed Cited as authority (rule) Resource Life Insurance Co. v. Buckner
Ga. Ct. App. · 2010 · confidence medium
Co., 259 Ga. 333, 334 (1) ( 380 SE2d 686 ) (1989). 46 Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009). 47 Fortson v. Brown, 302 Ga. App. 89, 90 (1) ( 690 SE2d 239 ) (2010).
discussed Cited "see" David Anthony Carr v. State (2×)
Ga. Ct. App. · 2022 · signal: see · confidence high
See Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009) (“It is not the function of this [C]ourt to cull the record on behalf of a party in search of instances of error.” (punctuation omitted)); CT.
discussed Cited "see" Yash Solutions, LLC v. New York Global Consultants Corporation (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
And beyond presenting its unsupported version of the facts, Yash makes no discernable legal argument challenging the propriety of the attorney-fee award for this Court to address.30 Furthermore, at trial, NYG argued to the jury that the specific bad-faith act justifying the attorney-fee award was Yash’s failure to pay its invoices when the 28 Bennett v. Quick, 305 Ga. App. 415, 416 ( 699 SE2d 539 ) (2010) (punctuation omitted); accord Vick v. Tower Place, L.P., 268 Ga. App. 108, 109 (2) ( 601 SE2d 348 ) (2004); Sulejman v. Marinello, 217 Ga. App. 319, 320 (1) ( 457 SE2d 251 ) (1995); see Fle…
discussed Cited "see" Cawthon v. State (2×)
Ga. Ct. App. · 2019 · signal: accord · confidence high
Guilford , 296 Ga. App. at 504 , 675 S.E.2d 247 (punctuation omitted); accord Fleming v. Advanced Stores Co. , 301 Ga. App. 734 , 735, 688 S.E.2d 414 (2009).
discussed Cited "see" Kristopher Lee Cawthon v. State (2×)
Ga. Ct. App. · 2019 · signal: accord · confidence high
Atlanta Rapid Transit Auth., 242 Ga. App. 262, 266 (4) ( 529 SE2d 398 ) (2000) (“[A]ppellate judges should not be expected to take pilgrimages into records in search of error without the compass of citation and argument.” (punctuation omitted)). 5 Guilford, 296 Ga. App. at 504 (punctuation omitted); accord Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009). 5 record and with the aid of the citations provided by the State.6 But if we have missed something in the record or misconstrued an argument, “the responsibility rests with [Cawthon’s] counsel.”7 Finally…
discussed Cited "see" Fine v. Communication Trends, Inc. (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735-736 ( 688 SE2d 414 ) (2009); Guilford v. Marriott Intl., 296 Ga. App. 503, 504-505 ( 675 SE2d 247 ) (2009). 5 Although Fine and Allscope argue that further discovery was needed to resolve the claims in the case, they filed a motion for summary judgment on November 12, 2008. 6 According to OCGA § 9-11-56 (f), [if] it appearfs] from the affidavits of a party opposing the motion that he cannot, for reasons stated, present by affidavits facts essential to justify his opposition, the court may refuse the application for judgment, or may ord…
discussed Cited "see, e.g." Robert P. Bryson v. State (2×)
Ga. Ct. App. · 2023 · signal: see also · confidence medium
(Citation and punctuation omitted.) Anderson v. State, 335 Ga. App. 78, 80 (2) ( 778 SE2d 826 ) (2015); see also Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009) (holding that an appellant’s pro se status “does not relieve him of the obligation to comply with the substantive and procedural requirements of the law, including the rules of this Court.”) (citation and punctuation omitted).
Retrieving the full opinion text from the archive…
FLEMING
v.
ADVANCED STORES COMPANY, INC.
A10A0029.
Court of Appeals of Georgia.
Dec 16, 2009.
688 S.E.2d 414
2009 Ga. App. LEXIS 1429
John N. Fleming, pro se., Mabry & McClelland, James W. Scarbrough, for appellees.
Blackburn.
Cited by 22 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: bottom 92%
Citer courts: Court of Appeals of Georgia (4)
Blackburn, Presiding Judge.

In this tort action, John Nolan Fleming, acting pro se, sued Advanced Stores Company, Inc. (“Advanced Stores”) and one of its[*735] employees (collectively “defendants”), alleging claims of false arrest, false imprisonment, and malicious prosecution. Both parties moved for summary judgment. Following a hearing, the trial court denied Fleming’s motion for summary judgment and granted defendants’ motion for summary judgment as to all of Fleming’s claims. Fleming now appeals, arguing in four enumerations of error that the trial court erred in denying him summary judgment and in granting summary judgment in favor of defendants. Because Fleming’s enumerations of error are not supported in his brief by citation of authority, argument, or specific reference to the record, and because Fleming did not include the transcript of the summary judgment hearing in the appellate record (in which testimony was taken), we affirm.

In Fleming’s first two enumerations of error, he contends that the trial court erred in granting defendants’ motion for summary judgment as to his false arrest and false imprisonment claims and also in denying his motion for summary judgment as to those claims. In his third and fourth enumerations, Fleming refers to his false imprisonment claim but appears to contend that the trial court misinterpreted a contract, which was not mentioned in Fleming’s complaint. Contrary to Court of Appeals Rule 25 (c) (2), none of Fleming’s four enumerated errors is supported by citations to the record, argument, or citation of authority.

We recognize that Fleming is acting pro se; nevertheless, “that status does not relieve him of the obligation to comply with the substantive and procedural requirements of the law, including the rules of this [C]ourt.” Simon v. City of Atlanta.1 Our Rule 25 (c) (2) (i) requires that “[ejach 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.” (Emphasis supplied.) “It is not the function of this [CJourt 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.” (Punctuation omitted.) Cronin v. Homesales, Inc.2

In addition, none of the enumerations is supported by either citation of authority or argument. Although Fleming’s brief contains a section titled “Argument,” the text of the first part of that section merely consists of a reiteration of his claim that defendants knowingly made false accusations about him, which led to his arrest. In the remainder of the Argument section, Fleming sets out what he[*736] claims to be the allegations of his complaint and also includes new claims for defamation of character, intentional infliction of emotional distress, and punitive damages not alleged below. Nothing in the Argument section of Fleming’s brief can be construed as legal argument, “which requires, at a minimum, a discussion of the appropriate law as applied to the relevant facts.” (Punctuation omitted.) Guilford v. Marriott Intl., Inc.3 See Time Warner Entertainment Co. v. Six Flags Over Ga.4 Thus, Fleming’s enumerations of error are deemed abandoned under Court of Appeals Rule 25 (c) (2). See Guilford, supra, 296 Ga. App. at 505; Time Warner Entertainment Co., supra, 254 Ga. App. at 605 (3) (a).

Furthermore, even if Fleming’s enumerations of error were not deemed abandoned, we are unable to review them. In the trial court’s order granting summary judgment to the defendants, the court stated that it had considered all matters of record, including the sworn testimony of Fleming, which was taken during the summary judgment hearing. Thus, to review Fleming’s enumerations, we are required to review the evidence and Fleming’s testimony submitted during the hearing. However, Fleming did not include the hearing transcript in the appellate record.

As previously noted, “[t]he 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.” (Punctuation omitted.) Hosseini v. Donino.5 “Where, as here, the transcript is necessary for review and appellant omits it from the record on appeal, the appellate court must assume the judgment below was correct and affirm.” (Punctuation omitted.) Quarterman v. Lee.6 Moreover, no statutorily authorized substitute for the hearing transcript was submitted. See Alexander v. Jones.7 Accordingly, we must affirm the trial court’s judgment. See Quarterman, supra, 291 Ga. App. at 603-604; Hosseini, supra, 222 Ga. App. at 697 (1).

In light of our decision, defendants’ motion to dismiss Fleming’s appeal, which was filed contemporaneously with their appellees’ brief, is moot.

Judgment affirmed.

Barnes and Bernes, JJ., concur. [*737] Decided December 16, 2009. John N. Fleming, pro se. Mabry & McClelland, James W. Scarbrough, for appellees.
1

Simon v. City of Atlanta, 287 Ga. App. 119, 120 (1) (650 SE2d 783) (2007).

2

Cronin v. Homesales, Inc., 296 Ga. App. 293, 294 (674 SE2d 35) (2009).

3

Guilford v. Marriott Intl., Inc., 296 Ga. App. 503, 505 (675 SE2d 247) (2009).

4

Time Warner Entertainment Co. v. Six Flags Over Ga., 254 Ga. App. 598, 605 (3) (a) (563 SE2d 178) (2002).

5

Hosseini v. Donino, 222 Ga. App. 697 (1) (475 SE2d 665) (1996).

6

Quarterman v. Lee, 291 Ga. App. 603 (662 SE2d 234) (2008).

7

Alexander v. Jones, 216 Ga. App. 360, 361 (1) (454 SE2d 539) (1995).