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Trammel v. Bryant

Court of Appeals of Georgia
Apr 2, 2003
580 S.E.2d 661 (Ga. Ct. App. 2003)

Opinion

A03A0768.

Decided April 2, 2003

Breach of contract. DeKalb State Court. Before Judge Walker, pro hac vice.

Boykin Edwards, Jr., for appellant.

Burrough Keene, Christopher S. Jones, for appellee.


Melanie Trammel appeals from the trial court's order granting a writ of possession to George Bryant. No transcript of the proceedings below appears in the record, and it is well settled that when no transcript is included in the record on appeal, all arguments "requiring a consideration of evidence must be affirmed." (Citations and punctuation omitted.) Southerland v. Oxford Group, 162 Ga. App. 213 ( 290 S.E.2d 556) (1982). Therefore, to the extent that Trammel's contentions require a consideration of evidence, the trial court's judgment is affirmed.

Furthermore, Trammel has failed to provide any legitimate basis of appeal with respect to her three enumerations of error. No reasonable grounds exist for appeal, and it is clear that this appeal was taken solely for the purposes of delaying Bryant's recovery of the property and rent. For this reason, we impose a $1,000 penalty for frivolous appeal in favor of Bryant against Trammel and her attorney under Court of Appeals rule 15(b). See Johnson v. Nelson-Rives Realty, Inc., 245 Ga. App. 638, 639 ( 538 S.E.2d 536) (2000).

Judgment affirmed. Ruffin, P.J., and Miller, J., concur.


DECIDED APRIL 2, 2003.


Summaries of

Trammel v. Bryant

Court of Appeals of Georgia
Apr 2, 2003
580 S.E.2d 661 (Ga. Ct. App. 2003)
Case details for

Trammel v. Bryant

Case Details

Full title:TRAMMEL v. BRYANT

Court:Court of Appeals of Georgia

Date published: Apr 2, 2003

Citations

580 S.E.2d 661 (Ga. Ct. App. 2003)
580 S.E.2d 661