Opinion
No. A13A0217.
2013-06-3
BROWN v. MOWR ENTERPRISES, LLC.
Trevor Brown, pro se. Taylor Hampton Rice, Cumming, for MOWR Enterprises, LLC.
Trevor Brown, pro se. Taylor Hampton Rice, Cumming, for MOWR Enterprises, LLC.
PHIPPS, Presiding Judge.
Trevor Brown appeals the judgment of the trial court granting a writ of possession to Mowr Enterprises, LLC. Acting pro se, Brown has submitted a brief which contains no enumeration of errors, no jurisdictional statement, no statement of the applicable standard of review, no succinct statement of the proceedings below and material facts relevant to the appeal, no citations to the record, and no citations to legal authority. His brief therefore fails to comport with OCGA § 5–6–40 and the rules of this court.
.OCGA § 5–6–40 (regarding the filing of an enumeration of errors); see Court of Appeals Rules 22, 25(a), (c).
“We recognize that [Brown] 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.” “It is not the function of this [c]ourt 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.” Under these circumstances, Brown has “failed to carry the burden devolving upon him of demonstrating to this court that error was committed by the trial court” in granting the writ of possession. Accordingly, the judgment of the trial court must be affirmed.
Guilford v. Marriott Intl., 296 Ga.App. 503, 504, 675 S.E.2d 247 (2009) (citation, punctuation and footnote omitted); see Bennett v. Quick, 305 Ga.App. 415, 416, 699 S.E.2d 539 (2010); Simon v. City of Atlanta, 287 Ga.App. 119, 120(1), 650 S.E.2d 783 (2007).
Cronin v. Homesales, Inc., 296 Ga.App. 293, 294, 674 S.E.2d 35 (2009) (punctuation and footnotes omitted); see Bennett, supra;Simon, supra.
Hicks v. Maple Valley Corp., 223 Ga. 577, 578–579, 156 S.E.2d 904 (1967).
See id.;Dwyer v. Mtg. Elec. Registration Sys., 258 Ga.App. 220, 573 S.E.2d 489 (2002); see generally Gardner v. State, 289 Ga.App. 359, 359–360, 657 S.E.2d 288 (2008) (enumerated errors not supported by citations to the record, citation of authority or argument are deemed abandoned pursuant to Court of Appeals Rule 25(c)(2)).
2. We decline Mowr Enterprises's request pursuant to Court of Appeals Rule 15(b) for the imposition of a frivolous appeal penalty.
See generally Kappelmeier v. Household Realty Corp., 276 Ga.App. 575, 576(3), 623 S.E.2d 752 (2005); Hardwick v. Williams, 272 Ga.App. 680, 683(3), 613 S.E.2d 215 (2005).
Judgment affirmed.