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Miley v. THORNBURG MORTGAGE HOME LOANS, INC.
Citations: 668 S.E.2d 560; 294 Ga. App. 140; 2008 Fulton County D. Rep. 3191; 2008 Ga. App. LEXIS 1075Docket: A08A1034, A08A1602
Court: Court of Appeals of Georgia; October 2, 2008; Georgia; State Appellate Court
Althea Miley, representing herself, appeals a trial court's decision that granted a writ of possession to Thornburg Mortgage Home Loans, Inc. and dismissed her counterclaims related to a foreclosure. The court found that Thornburg had validly foreclosed on property in DeKalb County on September 4, 2007, purchasing it at auction for $226,200. Miley contended the foreclosure was wrongful and sought to counterclaim, but her claims were dismissed after a bench trial, and she was ordered to pay rent into the court. Miley filed a pro se appeal on December 28, 2007, which was subsequently transferred to the Court of Appeals of Georgia. She also submitted an application for discretionary review regarding the rent payment order. Both appeals were consolidated for consideration. The Court affirmed the trial court's rulings, noting that Miley failed to include any enumerations of errors or references to the record in her briefs, as required by appellate rules. Furthermore, because Miley did not file a transcript of the trial proceedings, the Court assumed the evidence supported the trial court's decision. The burden of proof was on Miley to demonstrate any errors, which she failed to do. Consequently, the judgments were affirmed in both cases.