Welch v. Mercer

Deen, Presiding Judge.

Welch brings this appeal contending that the trial court erred in giving one of appellee’s requested charges because the evidence did not support such a charge. No transcript is included as a part of the record on appeal. Held:

When appellant has not filed a transcript of the evidence, he is required under OCGA § 5-6-41 (g) (Code Ann. § 6-805) either to produce “... the agreement of the parties that a transcript prepared from recollection is correct or, ‘in case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial…