Opinion
65793.
DECIDED MARCH 14, 1983.
Action for damages. Thomas Superior Court. Before Judge Elliott.
Ronald A. Cohen, R. Bruce Warren, for appellant.
William C. Sanders, for appellees.
Welch brings this appeal contending that the trial court erred in giving one of appellee's requested charges because the evidence did not support such a charge. No transcript is included as a part of the record on appeal. Held:
When appellant has not filed a transcript of the evidence, he is required under OCGA § 5-6-41 (g) (Code Ann. § 6-805) either to produce "... the agreement of the parties that a transcript prepared from recollection is correct or, `in case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial judge thereon shall be final and not subject to review.' Where the appellant fails to bring up a transcript or otherwise meet his burden of affirmatively showing error by the record, the judgment will not be disturbed. Boswell v. Blease, 150 Ga. App. 846 ( 259 S.E.2d 102) (1979). Where a proposed transcript prepared by the appellant is disapproved by the trial court, this is sufficient to bar it without the necessity of showing that the appellee formally objected to it. Cowart v. Cowart, 236 Ga. 626, 628 ( 255 S.E.2d 5) (1976). Where the evidence is not brought before this court by any of the methods provided in [OCGA § 5-6-41 (Code Ann. § 6-805)] the judgment of the trial court on evidentiary matters cannot be reviewed. Jenkins v. Jenkins, 231 Ga. 371 ( 202 S.E.2d 52) (1973); Nicholson v. Nicholson, 231 Ga. 760 ( 204 S.E.2d 292) (1974)." Burns v. Barnes, 154 Ga. App. 802 ( 270 S.E.2d 57) (1980). As a transcript of the evidence is necessary to review an enumeration of error alleging that the evidence did not justify the giving of a charge, we must affirm.
Judgment affirmed. Banke and Carley, JJ., concur.