Johnson v. Nelson-Rives Realty, Inc.

Phipps, Judge. Landlord Nelson-Rives Realty, Inc. brought this action to dispossess its tenant Johnson because of his failure to pay rent. Nelson-Rives also sought judgment for past due rent in the amount of $1,900 and future rent accruing at the rate of $15 per day. Johnson answered denying that he owed any rent, and he filed a counterclaim seeking to recover $4,000 expended by him as a result of Nelson-Rives’s failure to repair the property. Following trial, the court entered judgment granting Nelson-Rives a writ of possession and dismissing Johnson’s counterclaim with prejudice. Johnson has filed a pro se appeal. His appellate brief consists of the following statements: “My landlord failed to repair the property. And I did some of the repair on the property so this has lowered the rent claimed. Work cost $3000.00.” Johnson’s brief contains no citations to the record, as there is no transcript of the trial. We must [639] therefore assume that the judgment is correct and affirm.1 Because no reasonable grounds for a reversal have been presented, and because it appears that this appeal was taken solely for the purposes of delaying Nelson-Rives’s recovery of the property and allowing Johnson to remain in possession without paying rent, we grant Nelson-Rives’s motion for imposition of a $1,000 penalty for frivolous appeal.2 Such penalty shall constitute a money judgment in favor of Nelson-Rives against Johnson.3 Decided August 22, 2000. Hoke Johnson, pro se. Joanna M. Campbell, William S. Dominy, for appellee. Judgment affirmed. Johnson, C. J., and Smith, P. J., concur. Footnotes [1] Reid v. Royal Creek Apts. L.P., 239 Ga. App. 536, 537 (521 SE2d 210) (1999). [2] See JarAllah v. American Culinary Federation, 242 Ga. App. 595, 596 (3) (529 SE2d 919) (2000); OCGA § 5-6-6; Court of Appeals Rule 15 (b). [3] Court of Appeals Rule 15 (c).