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Georgia Department of Natural Resources v. Coweta County

Supreme Court of Georgia
Jun 20, 1991
261 Ga. 484 (Ga. 1991)

Opinion

S91A0449.

DECIDED JUNE 20, 1991. RECONSIDERATION DENIED JULY 24, 1991.

Interlocutory injunction. Coweta Superior Court. Before Judge Lee.

Michael J. Bowers, Attorney General, Barbara H. Gallo, for appellants. Sanders, Mottola, Haugen Mann, A. Mitchell Powell, Jr., for appellee.


In the notice of appeal filed in this case, appellant asserted that it seeks review of an interlocutory injunction entered in a case involving a sanitary landfill in Coweta County. The enumerations of error, however, relate to issues which, so far as the record shows, were not raised below or were not ruled upon below. In fact, the trial court specifically reserved ruling on one of the issues raised by enumeration of error.

The Supreme Court is a court for the trial and correction of errors of law committed in the trial courts, as shown by the record of what transpired therein which has been transmitted to it. [ Kitchens v. State, 228 Ga. 624 (1) ( 187 S.E.2d 268) (1972).]

Issues which have not been ruled on by the trial court may not be raised on appeal. Velkey v. Grimes, 214 Ga. 420 ( 105 S.E.2d 224) (1958). Since the burden is on appellant to show error by the record ( Tukes v. State, 238 Ga. 114 (2) ( 230 S.E.2d 841) (1976)), and appellant has not borne that burden, no ground for reversal appears.

Judgment affirmed. All the Justices concur.


DECIDED JUNE 20, 1991 — RECONSIDERATION DENIED JULY 24, 1991.


Summaries of

Georgia Department of Natural Resources v. Coweta County

Supreme Court of Georgia
Jun 20, 1991
261 Ga. 484 (Ga. 1991)
Case details for

Georgia Department of Natural Resources v. Coweta County

Case Details

Full title:GEORGIA DEPARTMENT OF NATURAL RESOURCES et al. v. COWETA COUNTY

Court:Supreme Court of Georgia

Date published: Jun 20, 1991

Citations

261 Ga. 484 (Ga. 1991)
405 S.E.2d 470

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