Martin v. Britts Home Furnishings

Full title: MARTIN et al. v. BRITTS HOME FURNISHINGS

Court: Court of Appeals of Georgia

Date published: Jan 23, 1976

223 S.E.2d 757 (Ga. Ct. App. 1976)

137 Ga. App. 360

Opinion

51561.

SUBMITTED JANUARY 14, 1976.

DECIDED JANUARY 23, 1976.

Action on account. Gwinnett State Court. Before Judge Cheeley.

James W. Garner, for appellants.

Richard C. Freeman, III, for appellee.

WEBB, Judge.

"`The burden is always on the appellant in asserting error to show it affirmatively by the record.'" Smith v. Forrester, 132 Ga. App. 426 (1) ( 208 S.E.2d 199) and cases cited. Defendants below filed their motion of new trial upon the general grounds only and enumerate as the sole error the overruling of that motion. In their notice of appeal they state that the transcript of the evidence will not be filed for inclusion in the record, and no transcript has been forwarded to this court. In these circumstances the judgment must be affirmed. Pastis v. Haverty Furniture Companies., 134 Ga. App. 9 ( 213 S.E.2d 161).

Judgment affirmed. Deen, P. J., and Quillian, J., concur.

SUBMITTED JANUARY 14, 1976 — DECIDED JANUARY 23, 1976.