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Curry v. Miller

Because the plaintiff failed to request that a trial transcript be included in the appellate record, the Court was required to presume that the trial court's rulings on evidentiary matters and the grant of the defendant's motion for a directed verdict were correct.

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Wiley Curry sued Cheryl Lynn Miller in DeKalb County Superior Court, asserting claims for breach of contract and quantum merit. The case proceeded to trial and at the close of all evidence Miller moved for a directed verdict. The trial court granted that motion and entered judgment in favor of Miller. Curry then filed a pro se pleading captioned “Motion to Amend Findings of Fact and Judgment or, In the Alternative, for a New Trial.” The trial court denied that motion and Curry then filed this pro se appeal.

In his appellate brief, Curry asserts that the trial court erred in granting Miller’s motion for a directed verdict because there was evidence that would have allowed a jury to find in favor of Curry and because in granting the directed verdict the trial court invaded the province of the jury by deciding questions of fact. Curry further asserts that the trial court erred in refusing to admit certain evidence Curry attempted to proffer at trial. Based on the record before us, we find no error and affirm.

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