¶1concurring in part and dissenting in part.
¶2I concur fully in Divisions 1, 2 and 3 of the majority opinion. I respectfully dissent to Division 4 because frivolous appeal penalties should not be assessed against the pro se appellant in this case. We find no merit in his appeal based, in part, on the absence of a transcript of the proceedings in the court below. Since we found no merit in some of his asserted errors as a result of a deficiency in the record and not the merits of these asserted errors, we should not impose a frivolous appeal penalty on this pro se litigant. See Antonone v. Atlantic Mut. Fire Ins. Co., 191 Ga. App. 457, 458 (4) (382 SE2d 126) (1989); Bhatia v. West Cash &c. of Savannah, 157 Ga. App. 145, 146 (276 SE2d 656) (1981).