award of attorney fees. See id. 3 As an exhibit to its notice of appeal, the Estate attached a document entitled “Transcript of Tape-Recorded Hearing,” which appears to be an incomplete transcript of a hearing held in this case. There is, however, no indication of when the hearing occurred. The court reporter who created the transcript included this disclaimer: “The following transcript has been prepared by the court reporter from a tape) ]recording. The court reporter w App. 66, 67-68 (449 SE2d 658) (1994) (“It is true this [CJourt cannot consider evidence not presented to the trial court.”). 4 In its order dismissing the Estate’s appeal, the trial court noted that neither party requested a hearing on the Garners’ motion to dismiss, and the Estate does not challeng E2d 626) (2004) (<HOLDING>). Regardless, the Estate has abandoned any
holding that a hearing on a motion to dismiss an appeal is not required if the parties are given an opportunity to respond on the record holding that the lower court was not required to hold a hearing on a motion to transfer holding that the trial court did not violate due process in considering the defendants motion to dismiss because the defendant had corrected its error in not serving its motion to dismiss on the plaintiff and because the plaintiff had received adequate time to consider and respond to the arguments made in the motion holding trial court did not err in failing to conduct a hearing on motion for reinstatement when appellants failed to call to the trial courts attention the need for a hearing holding that the trial court did not err by failing to hold an oral hearing on a motion to dismiss an appeal because the appellant was afforded a full opportunity to respond to the motion