Paul Sauer v. Pa Lex Glen, LLC

Summary

The Georgia Court of Appeals remanded the case to the trial court because the trial transcript was omitted from the appellate record and was necessary to review Sauer’s enumerations of error. The court directed that, after completion of the record or an order stating it could not be completed, Sauer would have 30 days to refile his notice of appeal.

Holdings

1. When the record transmitted on appeal omits a trial transcript necessary to review the appellant's enumerations of error, the appellate court may remand the case to the trial court to complete the record and require the appellant to refile the notice of appeal after the record is completed or the trial court determines that it cannot be completed.

Questions Presented

1. Whether the appeal should be remanded for completion of the appellate record when the trial transcript necessary to review the enumerations of error was omitted.

Disposition

remanded