JOHNSON, Chief Judge.
In 1994, Kathryn Wheeling-Culligan and a number of other flight attendants ("Wheeling-Culligan") sued Delta Air Lines in a Florida court for alleged breach of contract. In 1998, Wheeling-Culligan served Ronald Allen, who retired from his position as Chief Executive Officer and Chairman of the Board of Delta in 1997, with a subpoena for his deposition. Allen lives in Fulton County, Georgia. Allen filed a motion for a protective order and a motion to quash the subpoena in Fulton County Superior Court. The Fulton County Superior Court judge granted the motion for a protective order and stayed ruling on the motion to quash pending the service of and response by Allen to 75 interrogatories.
Thereafter, the Fulton County Superior Court judge held another hearing to review Allen's interrogatory responses and to rule on Allen's motion to quash the deposition subpoena. The judge quashed the deposition subpoena, finding that Allen adequately responded to the interrogatories and that Wheeling-Culligan had alternate sources with more direct, specific or unique knowledge of the matters of which she sought to depose Allen. Wheeling-Culligan appeals
It is well established that the burden is on the party alleging error to show it affirmatively by the record and where the proof necessary for determination of the issues on appeal is omitted from the record, an appellate court must assume that the judgment below was correct and affirm.
PHIPPS, J., and McMURRAY, Senior Appellate Judge, concur.
ON MOTION FOR RECONSIDERATION.
The appellants filed a motion for reconsideration requesting that we reconsider our opinion in this case because the appellate record has now been supplemented to include the 75 interrogatory questions and Allen's responses. The appellants filed their appellate brief on September 13, 1999, noting that the interrogatories and responses were missing and would be included by supplemental record. The record was not supplemented, and on April 18, 2000, we decided the case without the missing documents.
On April 24, 2000, this Court received the supplemental record, including the interrogatories and responses, and on April 28, 2000, the appellants filed their motion for reconsideration. The appellants claim they "should not be penalized for the Clerk of the Superior Court of Fulton County's failure to timely supplement the record pursuant to a lawful court order." However, the appellants overlook the basic premise that they are responsible for ensuring that the record before this Court is complete.
Moreover, as a general appellate rule adopted as necessary to effectuate our appellate judgments,
We may not now properly reconsider the case using documents provided to this Court after the issuance of our opinion. The appellants' motion for reconsideration is hereby denied.
Motion for reconsideration denied.