appellant to show error (Georgia) · Go Syfert
← Georgia issues

appellant to show error in Georgia

53 Georgia opinions name it 2 courts 1976–2023 4 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (44)

CaseFollowedCited
Ross v. Stategreen
gactapp · 1990 · cited in 7 Georgia opinions naming this issue, 1991–2005
2 sentences

1998But Kinney has failed to provide any citation to the record to show that the items seized were outside the scope of the warrant; the warrant itself does not appear in the record. 3 “It is a well-established appellate rule that the burden is on the appellant to show error by the record, and when a portion of the evidence bearing upon the issue raised by the enumeration of error[ ] is not brought up so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” (Citations and punctuation omitted.) Ross v. State, 195 Ga. App. 624, 626 (3

1998But Kinney has failed to provide any citation to the record to show that the items seized were outside the scope of the warrant; the warrant itself does not appear in the record. 3 “It is a well-established appellate rule that the burden is on the appellant to show error by the record, and when a portion of the evidence bearing upon the issue raised by the enumeration of error[ ] is not brought up so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” (Citations and punctuation omitted.) Ross v. State, 195 Ga. App. 624, 626 (3

77
Morris v. Hodgegreen
gactapp · 1979 · cited in 4 Georgia opinions naming this issue, 1983–1991
2 sentences

1991“The burden is on the appellant to show error by the record, and when a portion of the evidence . . . bearing upon the issues raised by the enumerations of error, is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result. [Cits.]” Morris v. Hodge, 152 Ga. App. 815, 816-817 ( 264 SE2d 482 ) (1979).

1991“The burden is on the appellant to show error by the record, and when a portion of the evidence . . . bearing upon the issues raised by the enumerations of error, is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result. [Cits.]” Morris v. Hodge, 152 Ga. App. 815, 816-817 ( 264 SE2d 482 ) (1979).

44
Department of Human Resources v. Allisongreen
ga · 2003 · cited in 4 Georgia opinions naming this issue, 2010–2021
2 sentences

2021See Dept. of Human Resources v. Allison, 276 Ga. 175, 178 ( 575 SE2d 876 ) (2003) (“the burden is on the appellant to show error by the record”) (citations and punctuation omitted).

2021See Dept. of Human Resources v. Allison, 276 Ga. 175, 178 ( 575 SE2d 876 ) (2003) (“the burden is on the appellant to show error by the record”) (citations and punctuation omitted).

34
Malcolm v. Stategreen
ga · 1993 · cited in 3 Georgia opinions naming this issue, 2003–2010
2 sentences

2010Aside from the fact that the burden is on the appellant to show error by the record, Malcolm v. State, 263 Ga. 369, 371 (3) ( 434 SE2d 479 ) (1993), the transcript reveals that no objection was made to the manner in which the trial court placed the venire composition and juror background information on the record.

2010Aside from the fact that the burden is on the appellant to show error by the record, Malcolm v. State, 263 Ga. 369, 371 (3) ( 434 SE2d 479 ) (1993), the transcript reveals that no objection was made to the manner in which the trial court placed the venire composition and juror background information on the record.

33
Wells v. Stategreen
gactapp · 1991 · cited in 3 Georgia opinions naming this issue, 1993–2005
2 sentences

2005It is well established “that the burden is on the appellant to show error by the record, and when a portion of the evidence bearing upon the issue raised by the enumeration of error is not brought up so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” (Citations and punctuation omitted.) Wells v. State, 201 Ga. App. 398, 399 ( 411 SE2d 125 ) (1991).

2005It is well established “that the burden is on the appellant to show error by the record, and when a portion of the evidence bearing upon the issue raised by the enumeration of error is not brought up so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” (Citations and punctuation omitted.) Wells v. State, 201 Ga. App. 398, 399 ( 411 SE2d 125 ) (1991).

33
Law v. Stategreen
gactapp · 1970 · cited in 4 Georgia opinions naming this issue, 1978–1985
2 sentences

1985“The burden is on the appellant to show error by the record, and when a portion of the evidence — whether it be testimony or documentary or physical in nature — bearing upon the issue raised by the enumeration of error, is not brought up so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” Law v. State, 121 Ga. App. 106, 108 ( 173 SE2d 98 ) (1970).

1985“The burden is on the appellant to show error by the record, and when a portion of the evidence — whether it be testimony or documentary or physical in nature — bearing upon the issue raised by the enumeration of error, is not brought up so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” Law v. State, 121 Ga. App. 106, 108 ( 173 SE2d 98 ) (1970).

24
Roach v. Stategreen
ga · 1966 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See also Parrott v. State, 330 Ga. App. 801, 803 (1) (769 SE2d 549) (2015) (“It is well settled that the burden is on the appellant ‘who asserts error to show it affirmatively by the record.’” (citing Griffin v. State, 265 Ga. 552, 555 (10) (458 SE2d 813) (1995), and quoting Roach v. State, 221 Ga. 783, 786 (4) (147 SE2d 299) (1966))); Smart v. State, 253 Ga. App. 649, 653 (5) (560 SE2d 92) (2002) (“The burden is on appellant to show error affirmatively from 30 the record, and we will not presume error where the record is silent.”).9 6.

2023See also Parrott v. State, 330 Ga. App. 801, 803 (1) (769 SE2d 549) (2015) (“It is well settled that the burden is on the appellant ‘who asserts error to show it affirmatively by the record.’” (citing Griffin v. State, 265 Ga. 552, 555 (10) (458 SE2d 813) (1995), and quoting Roach v. State, 221 Ga. 783, 786 (4) (147 SE2d 299) (1966))); Smart v. State, 253 Ga. App. 649, 653 (5) (560 SE2d 92) (2002) (“The burden is on appellant to show error affirmatively from 30 the record, and we will not presume error where the record is silent.”).9 6.

22
McFarlane v. McFarlanegreen
ga · 2016 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See McFarlane v. McFarlane, 298 Ga. 361, 362 (4) (782 SE2d 29) (2016) (explaining that the burden is on the appellant to show error affirmatively by the record).

2023See McFarlane v. McFarlane, 298 Ga. 361, 362 (4) (782 SE2d 29) (2016) (explaining that the burden is on the appellant to show error affirmatively by the record).

22
Smart v. Stategreen
gactapp · 2002 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See also Parrott v. State, 330 Ga. App. 801, 803 (1) (769 SE2d 549) (2015) (“It is well settled that the burden is on the appellant ‘who asserts error to show it affirmatively by the record.’” (citing Griffin v. State, 265 Ga. 552, 555 (10) (458 SE2d 813) (1995), and quoting Roach v. State, 221 Ga. 783, 786 (4) (147 SE2d 299) (1966))); Smart v. State, 253 Ga. App. 649, 653 (5) (560 SE2d 92) (2002) (“The burden is on appellant to show error affirmatively from 30 the record, and we will not presume error where the record is silent.”).9 6.

2023See also Parrott v. State, 330 Ga. App. 801, 803 (1) (769 SE2d 549) (2015) (“It is well settled that the burden is on the appellant ‘who asserts error to show it affirmatively by the record.’” (citing Griffin v. State, 265 Ga. 552, 555 (10) (458 SE2d 813) (1995), and quoting Roach v. State, 221 Ga. 783, 786 (4) (147 SE2d 299) (1966))); Smart v. State, 253 Ga. App. 649, 653 (5) (560 SE2d 92) (2002) (“The burden is on appellant to show error affirmatively from 30 the record, and we will not presume error where the record is silent.”).9 6.

22
Griffin v. Stategreen
ga · 1995 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See also Parrott v. State, 330 Ga. App. 801, 803 (1) (769 SE2d 549) (2015) (“It is well settled that the burden is on the appellant ‘who asserts error to show it affirmatively by the record.’” (citing Griffin v. State, 265 Ga. 552, 555 (10) (458 SE2d 813) (1995), and quoting Roach v. State, 221 Ga. 783, 786 (4) (147 SE2d 299) (1966))); Smart v. State, 253 Ga. App. 649, 653 (5) (560 SE2d 92) (2002) (“The burden is on appellant to show error affirmatively from 30 the record, and we will not presume error where the record is silent.”).9 6.

2023See also Parrott v. State, 330 Ga. App. 801, 803 (1) (769 SE2d 549) (2015) (“It is well settled that the burden is on the appellant ‘who asserts error to show it affirmatively by the record.’” (citing Griffin v. State, 265 Ga. 552, 555 (10) (458 SE2d 813) (1995), and quoting Roach v. State, 221 Ga. 783, 786 (4) (147 SE2d 299) (1966))); Smart v. State, 253 Ga. App. 649, 653 (5) (560 SE2d 92) (2002) (“The burden is on appellant to show error affirmatively from 30 the record, and we will not presume error where the record is silent.”).9 6.

22
Parrott v. the Stategreen
gactapp · 2015 · cited in 2 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See also Parrott v. State, 330 Ga. App. 801, 803 (1) (769 SE2d 549) (2015) (“It is well settled that the burden is on the appellant ‘who asserts error to show it affirmatively by the record.’” (citing Griffin v. State, 265 Ga. 552, 555 (10) (458 SE2d 813) (1995), and quoting Roach v. State, 221 Ga. 783, 786 (4) (147 SE2d 299) (1966))); Smart v. State, 253 Ga. App. 649, 653 (5) (560 SE2d 92) (2002) (“The burden is on appellant to show error affirmatively from 30 the record, and we will not presume error where the record is silent.”).9 6.

2023See also Parrott v. State, 330 Ga. App. 801, 803 (1) (769 SE2d 549) (2015) (“It is well settled that the burden is on the appellant ‘who asserts error to show it affirmatively by the record.’” (citing Griffin v. State, 265 Ga. 552, 555 (10) (458 SE2d 813) (1995), and quoting Roach v. State, 221 Ga. 783, 786 (4) (147 SE2d 299) (1966))); Smart v. State, 253 Ga. App. 649, 653 (5) (560 SE2d 92) (2002) (“The burden is on appellant to show error affirmatively from 30 the record, and we will not presume error where the record is silent.”).9 6.

22
Branch v. Branchgreen
ga · 1942 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See, e.g., Tolbert v. Toole , 296 Ga. 357 , 363, 767 S.E.2d 24 (2014) ("It is [the appellant's] burden, as the party challenging the ruling below, to affirmatively show error from the record on appeal."); Dept. of Human Resources v. Allison , 276 Ga. 175 , 178, 575 S.E.2d 876 (2003) ("[T]he burden is on the appellant to show error by the record ...." (citation and quotation marks omitted) ); Branch v. Branch , 194 Ga. 575 , 575, 22 S.E.2d 124 (1942) ("One who assigns error must show error by the record.").

2019See, e.g., Tolbert v. Toole , 296 Ga. 357 , 363, 767 S.E.2d 24 (2014) ("It is [the appellant's] burden, as the party challenging the ruling below, to affirmatively show error from the record on appeal."); Dept. of Human Resources v. Allison , 276 Ga. 175 , 178, 575 S.E.2d 876 (2003) ("[T]he burden is on the appellant to show error by the record ...." (citation and quotation marks omitted) ); Branch v. Branch , 194 Ga. 575 , 575, 22 S.E.2d 124 (1942) ("One who assigns error must show error by the record.").

22
Caine v. Stategreen
ga · 1996 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See also Caine , 266 Ga. at 423 , 467 S.E.2d 570 (Benham, C.J., dissenting) (recognizing that our holding in the 1984 Smith case was simply " a restatement of the judicial maxim that an appellate court is required to decide cases on the facts contained in the record").

2019See also Caine , 266 Ga. at 423 , 467 S.E.2d 570 (Benham, C.J., dissenting) (recognizing that our holding in the 1984 Smith case was simply " a restatement of the judicial maxim that an appellate court is required to decide cases on the facts contained in the record").

22
Tolbert v. Toolegreen
ga · 2014 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See, e.g., Tolbert v. Toole , 296 Ga. 357 , 363, 767 S.E.2d 24 (2014) ("It is [the appellant's] burden, as the party challenging the ruling below, to affirmatively show error from the record on appeal."); Dept. of Human Resources v. Allison , 276 Ga. 175 , 178, 575 S.E.2d 876 (2003) ("[T]he burden is on the appellant to show error by the record ...." (citation and quotation marks omitted) ); Branch v. Branch , 194 Ga. 575 , 575, 22 S.E.2d 124 (1942) ("One who assigns error must show error by the record.").

2019See, e.g., Tolbert v. Toole , 296 Ga. 357 , 363, 767 S.E.2d 24 (2014) ("It is [the appellant's] burden, as the party challenging the ruling below, to affirmatively show error from the record on appeal."); Dept. of Human Resources v. Allison , 276 Ga. 175 , 178, 575 S.E.2d 876 (2003) ("[T]he burden is on the appellant to show error by the record ...." (citation and quotation marks omitted) ); Branch v. Branch , 194 Ga. 575 , 575, 22 S.E.2d 124 (1942) ("One who assigns error must show error by the record.").

22
Gill v. B & R International, Inc.green
gactapp · 1998 · cited in 2 Georgia opinions naming this issue, 2005–2008
2 sentences

2008Gill v. B&R Intl., 234 Ga. App. 528, 531 (1) (c) ( 507 SE2d 477 ) (1998).

2008Gill v. B&R Intl., 234 Ga. App. 528, 531 (1) (c) ( 507 SE2d 477 ) (1998).

22
Department of Human Resources v. Corbingreen
gactapp · 1991 · cited in 2 Georgia opinions naming this issue, 1993–2006
2 sentences

1993As this court has held in Dept. of Human Resources v. Corbin, 202 Ga. App. 10, 11 ( 413 SE2d 484 ) *42 (1991), “ ‘[t]he burden is on the appellant to show error by the record, and when a portion of the evidence . . . bearing upon the issues raised by the enumerations of error, is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.

1993As this court has held in Dept. of Human Resources v. Corbin, 202 Ga. App. 10, 11 ( 413 SE2d 484 ) *42 (1991), “ ‘[t]he burden is on the appellant to show error by the record, and when a portion of the evidence . . . bearing upon the issues raised by the enumerations of error, is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.

22
Graham v. Newsomegreen
gactapp · 1985 · cited in 2 Georgia opinions naming this issue, 1996–2004
2 sentences

2004“The burden is on the appellant to show error by the record, and when a portion of the evidence bearing upon the issues raised by the enumerations of error [ ] is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” (Citation and punctuation omitted.) Graham v. Newsome, 174 Ga. App. 351, 352 (2) ( 330 SE2d 98 ) (1985), rev’d on other grounds, Newsome v. Graham, 254 Ga. 711 ( 334 SE2d 183 ) (1985).

2004“The burden is on the appellant to show error by the record, and when a portion of the evidence bearing upon the issues raised by the enumerations of error [ ] is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” (Citation and punctuation omitted.) Graham v. Newsome, 174 Ga. App. 351, 352 (2) ( 330 SE2d 98 ) (1985), rev’d on other grounds, Newsome v. Graham, 254 Ga. 711 ( 334 SE2d 183 ) (1985).

22
Brown v. Stategreen
gactapp · 1978 · cited in 2 Georgia opinions naming this issue, 1980–1990
2 sentences

1990It is a well-established appellate rule that “ ‘[t]he burden is on the appellant to show error by the record, and when a portion of the evidence . . . bearing upon the issue raised by the enumeration of error, is not brought up so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.’ ” Brown v. State, 146 Ga. App. 286 (2) ( 246 SE2d 370 ). 4.

1990It is a well-established appellate rule that “ ‘[t]he burden is on the appellant to show error by the record, and when a portion of the evidence . . . bearing upon the issue raised by the enumeration of error, is not brought up so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.’ ” Brown v. State, 146 Ga. App. 286 (2) ( 246 SE2d 370 ). 4.

12
McKenzey v. Stategreen
gactapp · 1972 · cited in 2 Georgia opinions naming this issue, 1980–1986
2 sentences

1986McKenzey v. State, 127 Ga. App. 304 (1) ( 193 SE2d 226 ).

1986McKenzey v. State, 127 Ga. App. 304 (1) ( 193 SE2d 226 ).

12
CNL Insurance America v. Morelandgreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021America v. Moreland, 226 Ga. App. 57, 57 ( 485 SE2d 515 ) (1997) (“It is well settled that the burden on appeal is on the appellant to show error by the record.

2021America v. Moreland, 226 Ga. App. 57, 57 ( 485 SE2d 515 ) (1997) (“It is well settled that the burden on appeal is on the appellant to show error by the record.

11
WILLINGHAM LOAN & REALTY CO. v. Washingtongreen
gactapp · 2011 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021When a portion of the evidence bearing upon 8 the issues before the trial court was not filed in the trial court and not made a part of the record on appeal, this Court may not consider such material.”) The Napiers also cite to the fact that a shed was located on a deck and not “in the backyard where the flooding occurs which suggests a knowledge of the condition and an attempt to avoid damage from the condition.” This is mere speculation and “a motion for summary judgment cannot be denied based on speculation and conjecture.”3 Willingham Loan & Realty v. Washington, 311 Ga. App. 535, 536 ( 71

2021When a portion of the evidence bearing upon 8 the issues before the trial court was not filed in the trial court and not made a part of the record on appeal, this Court may not consider such material.”) The Napiers also cite to the fact that a shed was located on a deck and not “in the backyard where the flooding occurs which suggests a knowledge of the condition and an attempt to avoid damage from the condition.” This is mere speculation and “a motion for summary judgment cannot be denied based on speculation and conjecture.”3 Willingham Loan & Realty v. Washington, 311 Ga. App. 535, 536 ( 71

11
Gaddis v. Skeltongreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2015–2015
1 sentence

2015See id. 3 2.

11
Prine v. Stategreen
gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013See generally Prine v. State, 237 Ga. App. 679, 680 (1), n. 1 ( 515 SE2d 425 ) (1999) (reiterating that the burden is on the appellant to show error by the record).

2013See generally Prine v. State, 237 Ga. App. 679, 680 (1), n. 1 ( 515 SE2d 425 ) (1999) (reiterating that the burden is on the appellant to show error by the record).

11
Westmoreland v. Stategreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See Westmoreland v. State, 287 Ga. 688, 696 (10) ( 699 SE2d 13 ) (2010).

2011See Westmoreland v. State, 287 Ga. 688, 696 (10) ( 699 SE2d 13 ) (2010).

11
Austell Healthcare, Inc. v. Scottgreen
gactapp · 2011 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Andrews and McFadden, JJ., concur. 1 SunTrust Bank v. Hightower, 291 Ga. App. 62 ( 660 SE2d 745 ) (2008). 2 Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (citation and punctuation omitted). 3 Haughton v. Canning, 287 Ga. App. 28, 29 (2) ( 650 SE2d 718 ) (2007) (citations and punctuation omitted). 4 See id.; see also Austell, supra (when the alleged error is shown only in appellant’s brief and not by the record, appellate court must assume trial court’s rulings were correct); Hertz Corp. v. McCray, 198 Ga. App. 484, 486 (2) ( 402 SE2d 298 ) (1991) (“It is a well

2011Andrews and McFadden, JJ., concur. 1 SunTrust Bank v. Hightower, 291 Ga. App. 62 ( 660 SE2d 745 ) (2008). 2 Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (citation and punctuation omitted). 3 Haughton v. Canning, 287 Ga. App. 28, 29 (2) ( 650 SE2d 718 ) (2007) (citations and punctuation omitted). 4 See id.; see also Austell, supra (when the alleged error is shown only in appellant’s brief and not by the record, appellate court must assume trial court’s rulings were correct); Hertz Corp. v. McCray, 198 Ga. App. 484, 486 (2) ( 402 SE2d 298 ) (1991) (“It is a well

11
Hertz Corp. v. McCraygreen
gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Andrews and McFadden, JJ., concur. 1 SunTrust Bank v. Hightower, 291 Ga. App. 62 ( 660 SE2d 745 ) (2008). 2 Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (citation and punctuation omitted). 3 Haughton v. Canning, 287 Ga. App. 28, 29 (2) ( 650 SE2d 718 ) (2007) (citations and punctuation omitted). 4 See id.; see also Austell, supra (when the alleged error is shown only in appellant’s brief and not by the record, appellate court must assume trial court’s rulings were correct); Hertz Corp. v. McCray, 198 Ga. App. 484, 486 (2) ( 402 SE2d 298 ) (1991) (“It is a well

2011Andrews and McFadden, JJ., concur. 1 SunTrust Bank v. Hightower, 291 Ga. App. 62 ( 660 SE2d 745 ) (2008). 2 Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (citation and punctuation omitted). 3 Haughton v. Canning, 287 Ga. App. 28, 29 (2) ( 650 SE2d 718 ) (2007) (citations and punctuation omitted). 4 See id.; see also Austell, supra (when the alleged error is shown only in appellant’s brief and not by the record, appellate court must assume trial court’s rulings were correct); Hertz Corp. v. McCray, 198 Ga. App. 484, 486 (2) ( 402 SE2d 298 ) (1991) (“It is a well

11
Haughton v. Canninggreen
gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Andrews and McFadden, JJ., concur. 1 SunTrust Bank v. Hightower, 291 Ga. App. 62 ( 660 SE2d 745 ) (2008). 2 Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (citation and punctuation omitted). 3 Haughton v. Canning, 287 Ga. App. 28, 29 (2) ( 650 SE2d 718 ) (2007) (citations and punctuation omitted). 4 See id.; see also Austell, supra (when the alleged error is shown only in appellant’s brief and not by the record, appellate court must assume trial court’s rulings were correct); Hertz Corp. v. McCray, 198 Ga. App. 484, 486 (2) ( 402 SE2d 298 ) (1991) (“It is a well

2011Andrews and McFadden, JJ., concur. 1 SunTrust Bank v. Hightower, 291 Ga. App. 62 ( 660 SE2d 745 ) (2008). 2 Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (citation and punctuation omitted). 3 Haughton v. Canning, 287 Ga. App. 28, 29 (2) ( 650 SE2d 718 ) (2007) (citations and punctuation omitted). 4 See id.; see also Austell, supra (when the alleged error is shown only in appellant’s brief and not by the record, appellate court must assume trial court’s rulings were correct); Hertz Corp. v. McCray, 198 Ga. App. 484, 486 (2) ( 402 SE2d 298 ) (1991) (“It is a well

11
LPS Construction Co. v. Georgia Department of Defensegreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2010–2010
11
Beck v. Cobb Countygreen
gactapp · 1986 · cited in 1 Georgia opinions naming this issue, 2007–2007
11
Wrege v. Cobb Countygreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 2007–2007
11
Hall v. GEORGIA DEPARTMENT OF TRANSPORTATIONgreen
gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2007–2007
11
Styers v. ATLANTA GAS LIGHT COMPANYgreen
ga · 1994 · cited in 1 Georgia opinions naming this issue, 2007–2007
11
Department of Transportation v. Great Southern Enterprises, Inc.green
gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 2007–2007
11
Kmart Corp. v. Merriweathergreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2005–2005
11
Baker v. Bakergreen
gactapp · 1990 · cited in 1 Georgia opinions naming this issue, 2004–2004
11
In the Interest of R. M. M.green
gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 1999–1999
11
In the Interest of J. E. E.green
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 1999–1999
11
Hooten v. Stategreen
gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 1998–1998
11
Hudson v. Stategreen
gactapp · 1990 · cited in 1 Georgia opinions naming this issue, 1995–1995
11
Stevens v. Greengreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1993–1993
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Newsome v. Graham green
ga · 1985
2 sentences

2004“The burden is on the appellant to show error by the record, and when a portion of the evidence bearing upon the issues raised by the enumerations of error [ ] is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” (Citation and punctuation omitted.) Graham v. Newsome, 174 Ga. App. 351, 352 (2) ( 330 SE2d 98 ) (1985), rev’d on other grounds, Newsome v. Graham, 254 Ga. 711 ( 334 SE2d 183 ) (1985).

2004“The burden is on the appellant to show error by the record, and when a portion of the evidence bearing upon the issues raised by the enumerations of error [ ] is not brought up in the appellate record so that this court can make its determination from a consideration of it all, an affirmance as to that issue must result.” (Citation and punctuation omitted.) Graham v. Newsome, 174 Ga. App. 351, 352 (2) ( 330 SE2d 98 ) (1985), rev’d on other grounds, Newsome v. Graham, 254 Ga. 711 ( 334 SE2d 183 ) (1985).

21996–2004
Aldalassi v. Drummond green
gactapp · 1996
2 sentences

2013Aldalassi v. Drummond, 223 Ga. App. 192 (1) ( 477 SE2d 372 ) (1996) (citation omitted).

2013Aldalassi v. Drummond, 223 Ga. App. 192 (1) ( 477 SE2d 372 ) (1996) (citation omitted).

12013–2013
SunTrust Bank v. Hightower green
gactapp · 2008
2 sentences

2011Andrews and McFadden, JJ., concur. 1 SunTrust Bank v. Hightower, 291 Ga. App. 62 ( 660 SE2d 745 ) (2008). 2 Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (citation and punctuation omitted). 3 Haughton v. Canning, 287 Ga. App. 28, 29 (2) ( 650 SE2d 718 ) (2007) (citations and punctuation omitted). 4 See id.; see also Austell, supra (when the alleged error is shown only in appellant’s brief and not by the record, appellate court must assume trial court’s rulings were correct); Hertz Corp. v. McCray, 198 Ga. App. 484, 486 (2) ( 402 SE2d 298 ) (1991) (“It is a well

2011Andrews and McFadden, JJ., concur. 1 SunTrust Bank v. Hightower, 291 Ga. App. 62 ( 660 SE2d 745 ) (2008). 2 Austell Healthcare v. Scott, 308 Ga. App. 393, 395 (1) ( 707 SE2d 599 ) (2011) (citation and punctuation omitted). 3 Haughton v. Canning, 287 Ga. App. 28, 29 (2) ( 650 SE2d 718 ) (2007) (citations and punctuation omitted). 4 See id.; see also Austell, supra (when the alleged error is shown only in appellant’s brief and not by the record, appellate court must assume trial court’s rulings were correct); Hertz Corp. v. McCray, 198 Ga. App. 484, 486 (2) ( 402 SE2d 298 ) (1991) (“It is a well

12011–2011
Georgia Power Company v. Livingston green
gactapp · 1961
12007–2007
CAMELOT CLUB CONDOMINIUM ASSOCIATION, INC. v. Metro Lawns, Inc. green
gactapp · 1982
12007–2007
Compo Machinery Corp. v. Pants Ltd. S.A. neutral
gactapp · 1992
11996–1996
Gillespie v. Gillespie green
ga · 1990
11992–1992
Moss v. State green
gactapp · 1990
11992–1992
Moore v. Trust Company Bank green
gactapp · 1977
11983–1983
Young v. State green
gactapp · 1978
11979–1979
Cotton v. John W. Eshelman & Sons, Inc. green
gactapp · 1976
11976–1976
Centennial Equities Corp. v. Hollis green
gactapp · 1974
11976–1976
Boland v. Barge green
gactapp · 1963
11976–1976

Statutes the citing opinions construe

GA § 5-6-34 (5) GA § 17-7-170 (4) GA § 40-6-391 (4) GA § 5-6-35 (3) GA § 5-6-41 (3) GA § 9-11-15 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 53 (1976–2023) NC 40 (1913–2023) AL 34 (1907–2024) CA 33 (1892–2025) IN 5 (1901–1977) IL 4 (1989–2008) TX 4 (2003–2023) OH 4 (1962–2025) KS 4 (1967–2024) KY 4 (1968–2025) SD 3 (1986–2023) WA 3 (1976–2017) FL 2 (1962–2009) NY 2 (1887–1887) NV 2 (1945–1954) ND 2 (1924–1961) MD 2 (1916–1933) ID 2 (1966–2023) VA 2 (1942–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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