Lovett v. CAPITAL PRINCIPLES, LLC

While I concur in the conclusion of the majority opinion, I do not agree with all that is said. We need not consider whether the plaintiffs claim violated the anti-SLAPP statute because the appellate record does not contain the evidence on which the trial court relied in making its factual findings. “We are limited in our review to matters contained in the appellate record,” and thus, we must affirm the trial court’s findings and conclusions which are based on evidence not contained in the record. Metzler v. Rowell, 248 Ga. App. 596, 601 (4), n. 4 (547 SE2d 311) (2001).

Under OCGA § 9-11-11.1…