SELITA BOYD v. FRONTIER ADJUSTERS, INC. ( 2023 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 28, 2023
    The Court of Appeals hereby passes the following order:
    A24A0346. BOYD et al. v. FRONTIER ADJUSTERS, INC. et al.
    The appellants have moved to remand this appeal to the trial court for the
    purpose of completing or correcting the record. They assert that the record
    transmitted on appeal is either incomplete or erroneous. They further assert that they
    have spoken with an employee of the trial court clerk’s office but have not yet been
    able to resolve the matter. The appellees oppose this motion, arguing that to the extent
    the appellate record contains errors, they are not material to the issues on appeal.
    From the filings before us, it is not clear to us the extent of the alleged errors and their
    materiality to this appeal.
    OCGA § 5-6-41 (f) provides a means by which the trial court may resolve
    contentions that the “record does not truly or fully disclose what transpired in the trial
    court. . . .” We hereby GRANT the appellants’ motion and REMAND this case to the
    trial court for that court to consider the appellants’ contentions regarding the
    completeness and correctness of the record. Upon entry of an order on that issue and,
    if necessary, supplementation of the record, the trial court clerk is DIRECTED to re-
    transmit the appeal to this court for re-docketing. The appellants need not file a new
    notice of appeal.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    12/28/2023
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A24A0346

Filed Date: 12/28/2023

Precedential Status: Precedential

Modified Date: 12/28/2023