Hamrick v. Bonner , 182 Ga. App. 76 ( 1987 )

Banke, Presiding Judge,

concurring specially.

I agree with all that is said in the majority opinion. However, I believe the appellants have abandoned their contention that the evidence was insufficient to support the jury’s verdict by failing to provide in their brief any statement of facts, evidentiary summary, or citations to the transcript purporting to show what evidence was or was not before the jury. See Court of Appeals Rule 15 (a) (1) and (c) (3); Dugger v. Danello, 175 Ga. App. 618 (2) (334 SE2d 3) (1985); Cowart v. Webster, 152 Ga. App. 542 (4) (263 SE2d 277) (1979).

Decided March 9, 1987. Glyndon C. Pruitt, for appellants. E. Marcus Davis, for appellee.

I recognize that the Supreme Court has held, in Justice v. Dunbar, 244 Ga. 415 (260 SE2d 327) (1979), that a failure to make specific citations to the record or transcript will not, in and of itself, warrant a summary refusal to consider an enumeration of error. However, I do not believe that holding requires us to entertain a completely unsupported, conclusory attack by an appellant on the sufficiency of the evidence to support a jury verdict. What was at issue in Dunbar was a mere failure by the appellant to cite to the location in the record of an affidavit filed in opposition to a summary judgment motion, an affidavit which was indexed in the record by page number. See Cowart v. Webster, supra at 543-544. Such an omission does not equate with asking this court to undertake a totally unguided tour of the transcript, without benefit of even the most rudimentary statement of facts purporting to reveal what we might expect to find there. Accord Coe v. Greenville Credit &c. Co., 164 Ga. App. 521, 522 (298 SE2d 36) (1982).