From Casetext: Smarter Legal Research

Merritt v. City of Albany

Court of Appeals of Georgia
Jan 16, 1991
401 S.E.2d 567 (Ga. Ct. App. 1991)

Opinion

A90A1757.

DECIDED JANUARY 16, 1991.

Land condemnation. Doughtery Superior Court. Before Judge Gray.

I. Allen Meadors, B. J. Smith, for appellant.

Leonard Farkas, for appellee.


This appellee initiated condemnation proceedings to acquire certain property owned by the appellant, and a special master entered an award valuing the property at $27,500. Being dissatisfied with that valuation, the appellant appealed to superior court for a de novo trial on the issue of compensation. That trial, which was conducted without a jury, ended with a determination by the superior court that the property was worth only $8,000. In this appeal from the denial of his motion for new trial, the appellant's sole contention is that the trial judge erred in not allowing him to introduce certain property tax returns into evidence for impeachment purposes. Held:

The appellant was not represented by counsel during the trial of the case, and the only evidence introduced on the issue of the property's value consisted of the testimony of the appellee's appraiser, in whose opinion the property was worth $8,000. This witness was not questioned about any tax returns, and it is therefore not apparent how the evidence at issue could have served to impeach him. Compare Housing Auth. of Atlanta v. Republic Land c. Co., 127 Ga. App. 84 (2) ( 192 S.E.2d 530) (1972); State Hwy. Dept. v. Raines, 129 Ga. App. 123 (3) ( 199 S.E.2d 96) (1973). Moreover, the tax returns were not tendered as evidence; and it does not, in fact, even appear that the appellant had copies of them in his possession which he was prepared to tender. Consequently, the appeal presents nothing for review. Accord George v. D'Angelo, 171 Ga. App. 433, 434 (2) ( 319 S.E.2d 874) (1984).

Judgment affirmed. Birdsong, P. J., and Cooper, J., concur.


DECIDED JANUARY 16, 1991.


Summaries of

Merritt v. City of Albany

Court of Appeals of Georgia
Jan 16, 1991
401 S.E.2d 567 (Ga. Ct. App. 1991)
Case details for

Merritt v. City of Albany

Case Details

Full title:MERRITT v. CITY OF ALBANY

Court:Court of Appeals of Georgia

Date published: Jan 16, 1991

Citations

401 S.E.2d 567 (Ga. Ct. App. 1991)
401 S.E.2d 567

Citing Cases

Maughon v. Lassiter

Maughon's failure to proffer the plat into evidence presents us with nothing to review. Bagley v. CSX…