Terry v. Burley

Absent a transcript, the defendant could not show that the trial court erred in admitting allegedly improper and prejudicial character evidence.

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Following a bench trial, a judge of the Superior Court of DeKalb County entered judgment in favor of plaintiffs Keith Burley and 4K Appraisal Services, Inc., on claims against Todd Terry for Terry’s fraudulently converting to his own use residential property owned by Burley. Terry appeals, contending that the trial court erred in admitting or excluding certain evidence and in allowing Terry to proceed to trial pro se after his counsel withdrew. As Terry has failed to carry his burden of showing error on appeal, we affirm. 1. Terry contends that the court erred in admitting allegedly improper and prejudicial character evidence during the bench trial. Terry, however, did not have the trial transcribed; thus, there is no transcript for this Court to review for error. Consideration of evidentiary issues necessarily requires a review of the proceedings below. Terry bears the burden of showing harmful error on appeal, and he must show this by the record, not merely by assertions appearing in his briefs or enumeration of errors. Cody v. Wanton , 265 Ga. App. 174 593 SE2d 371 2004. Therefore, in the absence of a transcript, we must assume the trial court’s findings were supported by the evidence and the trial court’s actions during the trial were appropriate. Further, a presumption of regularity of all proceedings in a court of competent jurisdiction exists, and as the record provides no support for Terry’s claim of error, we must affirm the trial court’s ruling on these issues. Citations omitted. Id. at 174-175.

2. Terry contends that “evidence was not presented during the trial that weighs against the verdict and judgment.” He urges this Court to consider an affidavit that he filed with the trial court after his trial but which is not a part of the appellate record. He contends this affidavit would show that Burley had “full knowledge of the activity he claims was illegally committed.” Again, in the absence of a transcript demonstrating that the trial court erred in excluding this evidence, we must assume the court’s actions were appropriate. Id.

Terry v. Burley

Absent a transcript, the defendant could not show that the trial court erred in admitting allegedly improper and prejudicial character evidence.

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