Cameron v. Cox

Summary

In this landlord-tenant dispute, the Georgia Court of Appeals affirmed a directed verdict for the landlord and an award of attorney fees and expenses based on the tenant’s failure to admit matters later proven at trial. The court held that, because the appellant failed to provide a transcript, it had to assume the trial court’s findings were supported by competent evidence, and it declined to impose 10% damages for a frivolous or delay-only appeal.

Holdings

1. Because the appellant did not include the transcript even though the enumerations of error required review of the evidence and proceedings, the court presumed that the trial court's findings were supported by competent evidence and affirmed.
2. The challenge to the attorney-fee and expense award was not meritorious, and the judgment awarding those amounts was affirmed.
3. The court declined to impose 10 percent damages because it was not satisfied that the pro se appeal was taken solely for delay.

Questions Presented

1. Whether the trial court improperly converted a motion for summary judgment hearing into a jury trial.
2. Whether the trial court erred in awarding the landlord attorney fees and expenses under Code Ann. § 81A-137(c) for the tenant's failure to admit matters later proved.
3. Whether the landlord was entitled to 10 percent damages under Code § 6-1801 because the appeal was taken for delay only.

Disposition

affirmed