Smith v. Geiger

I respectfully dissent. Assuming arguendo that the issues raised in plaintiffs’ amendment to the complaint bestow jurisdiction on this court, see OCGA § 5-6-35 (a) (1), (3), there is no adequate record before us of the evidence considered by the trial court. There is no transcript. There is no record that the “exhibits” to which appellants refer were introduced into evidence. The parties’ various “filings” do not constitute evidence upon which this court may rely.

Appellants attempted to comply with OCGA § 5-6-41 by filing a “Narrative Transcript from Recollection by Agreement of Counsel.”…