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In the Interest of N.S.E. and G.A.E., Children. v. <<

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Court of Appeals of Georgia.

In the Interest of N.S.E. and G.A.E., Children.

No. A08A0096.

Decided: May 29, 2008

Jolanda Evon Herring, Atlanta, for Appellant. Thurbert E. Baker, Atlanta, Shalen S. Nelson, and Kathryn Ann Fox, for Appellee.

The father of N.S.E. and G.A.E. appeals from the juvenile court's termination of his parental rights. He contends the juvenile court should have evaluated his mental competency because “facts during the trial indicated that [he] may have a serious mental disorder.” The father has failed, however, to provide this court with a transcript of the termination hearing or any substitute therefor.1 We must therefore affirm.

The father apparently filed his pro se notice of appeal on the same day the juvenile court made its ruling to terminate his parental rights and prior to the court's written order.2 The notice fails to state “whether or not any transcript of evidence and proceedings is to be transmitted as a part of the record on appeal.” OCGA § 5-6-37. The father was subsequently appointed counsel, but no amended notice of appeal was filed stating what documents should be transmitted to this court on appeal. “The appellant has a duty to provide the appellate court with a transcript where an appeal is taken which draws in question the transcript of the evidence and proceedings.” (Citation, punctuation and footnote omitted.) Blockum v. Fieldale Farms Corp., 271 Ga.App. 591, 594(4), 610 S.E.2d 82 (2005). In the absence of a transcript, we must assume that the juvenile court's ruling was correct. See Farley v. Hawkins, 277 Ga.App. 880, 881, 627 S.E.2d 913 (2006); In the Interest of C.C.B., 188 Ga.App. 46(3), 372 S.E.2d 6 (1988).

Judgment affirmed.

SMITH, Presiding Judge.

MIKELL and ADAMS, JJ., concur.

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