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City of Atlanta v. Paulk6/23/2005
evidence at the hearing and without benefit of a transcript we cannot say that no evidence supports its finding that the City wilfully refused to comply with discovery. "In the absence of a transcript we must assume the trial court's action would be supported by the record." Myers v. Dept. of Human Resources, 162 Ga. App. 885, 886 (293 SE2d 480) (1982). Accordingly, we find no abuse of discretion in the striking of the City's answer and the entry of default judgment against it. McCane v. Cappett Corp., 151 Ga. App. 423 (2) (260 SE2d 379) (1979).
2. Because of our decision in division 1, we need not address whether the City was entitled to its defense under the Georgia Recreational Property Act.
Judgment affirmed. Ruffin, C.J. and Johnson, P.J., concur.
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