Burnette v. Perry, 559 S.E.2d 153 (Ga. Ct. App. 2002). · Go Syfert
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Burnette v. Perry, 559 S.E.2d 153 (Ga. Ct. App. 2002). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: Hayward-El v. State (gactapp, 2007-02-16)
Top citers, strongest first. 2 distinct citers.
discussed Cited as authority (rule) Hayward-El v. State
Ga. Ct. App. · 2007 · confidence medium
Ruffin and Bernes, JJ., concur. 1 OCGA § 16-8-60 (b), provides in pertinent part: It is unlawful for any person ... to sell; distribute; circulate; offer for sale, distribution, or circulation; or possess for the purposes of sale, distribution, or circulation any phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images have been transferred unless such phonograph record, disc, wire, tape, videotape, film, or other article bears the actual name and address of the transferor of the sounds or visual images in a prominent place on its outside face or…
discussed Cited as authority (rule) Pitts v. State
Ga. Ct. App. · 2003 · confidence medium
After transferring this case to the Supreme Court of Georgia under its constitutional question jurisdiction, the Supreme Court found that Pitts waived these constitutionally based arguments on appeal, stating: “[B]ecause the [constitutional] issue was not both raised and ‘distinctly passed on,’ the appeal must be and hereby is returned to the Court of Appeals for a ruling on the other issues properly on appeal.” 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Phagan v. State, 243 Ga. App. 568, 569-570 (2) ( 533 SE2d 757 ) (2000). 4 Bowman v. State, 227 Ga. App.…
Burnette
v.
Perry
A01A2482.
Court of Appeals of Georgia.
Jan 23, 2002.
559 S.E.2d 153
Pattie Burnette, pro se., Albert Perry, pro se.
Phipps, Smith, Barnes.
Cited by 5 opinions  |  Published
Phipps, Judge.

Albert Perry petitioned the State Court of DeKalb County for a dispossessory warrant, alleging that Pattie Burnette had failed to pay rent due on certain leased premises. After a bench trial, the court ruled that Perry was entitled to a writ of possession and to $1,441 in unpaid rent.

Burnette appeals, arguing that the trial court erred by relying on “erroneous and untrue information.” She claims that she and Perry entered into a lease-purchase agreement for the property and that she had already paid Perry more than the amount due at the time Perry sought the dispossessory warrant. She seeks to occupy the property until the lease expires or the purchase is completed and seeks a return of all money erroneously collected by Perry.

We cannot consider Burnette’s claim because there is no transcript of the proceedings below and no attempt to recreate the record as provided for in OCGA § 5-6-41 (g) and (i). [1] Burnette, as the appellant, has the burden of showing error by the record. [2] 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 and the award for unpaid rent. [3]

Judgment affirmed.

Smith, P. J., and Barnes, J., concur.
1

Deen v. United Dominion Realty Trust, 218 Ga. App. 443, 444 (1) (462 SE2d 384) (1995).

2

Florence v. Green Acres Mobile Home Estates, 230 Ga. App. 91, 92 (2) (495 SE2d 346) (1998).

3

McKinney v. Alexander Properties Group, 228 Ga. App. 77, 78 (491 SE2d 131) (1997).