Summary
The Georgia Court of Appeals affirmed the denial of summary judgment in a medical malpractice action involving a sponge allegedly left in a patient during surgery. The court held that the appellants failed to provide portions of the evidence relied upon by the trial court, requiring the appellate court to presume the judgment was correct and affirm.
Holdings
- When an appellant omits from the appellate record evidence necessary to determine the alleged error, the appellate court must assume that the trial court's judgment was correct and affirm.
Questions Presented
- Whether the Court of Appeals could reverse the denial of summary judgment when the appellants omitted from the appellate record evidence on which the trial court relied.
- Whether the incomplete appellate record required affirmance of the trial court's summary-judgment ruling.
Disposition
affirmed
Cases Cited (6)
- Bennett v. Exec. Benefits, 210 Ga. App. 429, 436 S.E.2d 544 (1993)(followed)
- Advanced Electrical Systems v. Turkin, 288 Ga. App. 799, 799-800, 655 S.E.2d 685 (2007)(followed)
- Roach v. Roach, 237 Ga. App. 264, 265, 514 S.E.2d 44 (1999)(followed)
- Transport Indem. Co. v. Hartford Ins. Co., 198 Ga. App. 265, 266, 401 S.E.2d 294 (1990)(followed)
- Regency Exec. Plaza Unit Owner's Assn. v. Wilmock, Inc., 237 Ga. App. 193, 194-195, 514 S.E.2d 446 (1999)(followed)
- Moulton v. Wood, 265 Ga. App. 389, 389-390, 593 S.E.2d 911 (2004)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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