Buffington v. Ray-O-Lite Southeast, Inc.

Felton, Chief Judge.

The evidence adduced on the trial of this ease was not taken down by a court reporter. Counsel for the plaintiff-appellee and the defendant-appellant were unable to agree upon a brief of the evidence. Appellant’s counsel never requested a hearing for the purpose of “settling the brief of evidence.” In the appellant’s notice of appeal from the order overruling his motion to vacate and set aside a judgment rendered against him “after consideration of the evidence,” he specifies that “Transcript of evidence and proceedings will not be filed for inclusion in the record on…