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Turner v. Watson

Court of Appeals of Georgia
Sep 28, 1976
229 S.E.2d 126 (Ga. Ct. App. 1976)

Opinion

52443.

ARGUED JULY 15, 1976.

DECIDED SEPTEMBER 28, 1976.

Action for damages. Fulton Superior Court. Before Judge Williams.

Ezra Shimshi, Alan I. Begner, for appellant.

Henning, Chambers Mabry, Ronald Arthur Lowry, Eugene P. Chambers, Jr., Frederick W. Johnson, for appellee.


The plaintiff appeals from a judgment in the defendant's favor on a personal injury action which was tried before a jury. Both parties support their contentions on appeal by references and citations to the trial transcript, of which only a very small portion was provided for this court. Missing parts of the transcript of evidence are essential to determine the merits of the plaintiff's enumerations of error.

Although the plaintiff claims to be indigent and unable to afford the costs of producing the whole transcript, she did not comply with the provisions of Code Ann. § 6-806 (Ga. L. 1965, pp. 18, 26) for omitting portions of the transcript, and, in fact, indicated in her notice of appeal that the transcript would be filed. Since there are important parts missing from the transcript of evidence received by this court, there is no question presented by appeal upon which this court can pass. Addis v. Spain, 225 Ga. 609 ( 170 S.E.2d 585); Lankford v. Lankford, 225 Ga. 147 ( 166 S.E.2d 354); Brown v. State, 223 Ga. 540 ( 156 S.E.2d 454); Sherron v. Craddock, 133 Ga. App. 926 ( 213 S.E.2d 62); Garrett v. Heaton, 131 Ga. App. 155 ( 205 S.E.2d 718); Roberts v. Crosswell, 130 Ga. App. 178 ( 202 S.E.2d 657). "This court cannot consider questions with respect to proceedings on a trial which are related in a party's brief but are not incorporated in a properly authenticated transcript as required by the Appellate Practice Act." R. S. Management Co. v. Huntley, 119 Ga. App. 712 ( 168 S.E.2d 626); Greene v. McIntyre, 119 Ga. App. 296 ( 167 S.E.2d 203)). See Mathews v. Greiner, 130 Ga. App. 817 ( 204 S.E.2d 749); Jenkins v. Chambers, 127 Ga. App. 200 ( 193 S.E.2d 222).

Judgment affirmed. Bell, C. J., and Clark, J., concur.


ARGUED JULY 15, 1976 — DECIDED SEPTEMBER 28, 1976.


Summaries of

Turner v. Watson

Court of Appeals of Georgia
Sep 28, 1976
229 S.E.2d 126 (Ga. Ct. App. 1976)
Case details for

Turner v. Watson

Case Details

Full title:TURNER v. WATSON

Court:Court of Appeals of Georgia

Date published: Sep 28, 1976

Citations

229 S.E.2d 126 (Ga. Ct. App. 1976)
229 S.E.2d 126

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