Gillespie v. Gillespie

Summary

**Topics:** Appeal; Burden of Proof; Transcript Requirement; Presumption of Regularity; Equitable Division of Property; Marital Property; Alimony. **Holding:** The Supreme Court of Georgia affirmed the trial court's award of a one-half interest in real estate to the wife. Because the appellant failed to provide a transcript of the final hearing, the court presumed the evidence supported the award as an equitable division of marital property, rather than an erroneous alimony award or division of separate property. The burden is on the appellant to show error affirmatively by the record, and without a transcript, the court presumes the trial court acted correctly.

Holdings

1. The judgment is affirmed because the appellant failed to provide a transcript of the evidence, and the court presumes the evidence supported the trial court's decision.

Questions Presented

1. Whether the trial court erred in awarding a one-half interest in real estate to the wife, specifically whether the award was alimony (not prayed for) or an equitable division of property (if the property was separate).

Disposition

affirmed