Narrative Opinion Summary
Phillip Frazier appeals the trial court's denial of his motion for a new trial. He requested the court clerk to send all relevant transcripts, including the one for the new trial hearing, to the Court of Appeals. However, the transcript from the hearing has not been filed by the trial court’s reporter. Frazier filed a motion to remand the case back to the trial court for the completion of the record. The Court of Appeals granted this motion, remanding the case to the Clerk of the Superior Court of Spalding County to include the missing transcript. Once the record is complete, the clerk is instructed to forward it to the Court of Appeals for re-docketing. Frazier does not need to file a second notice of appeal.
Legal Issues Addressed
Appellate Procedure for Incomplete Recordsubscribe to see similar legal issues
Application: The Court of Appeals addresses the issue of an incomplete appellate record by remanding the case to the trial court for the completion of the necessary transcript.
Reasoning: The Court of Appeals granted this motion, remanding the case to the Clerk of the Superior Court of Spalding County to include the missing transcript.
Requirement to File Notice of Appealsubscribe to see similar legal issues
Application: The appellant is not required to file a second notice of appeal after the record is completed and forwarded to the Court of Appeals.
Reasoning: Frazier does not need to file a second notice of appeal.