Affordable Kitchens & Baths v. Madden

Opinion

STATE OF MAINE SUPERIOR COURT CIVIL ACTION YORK, ss. DOCKET NO. AP-08-24

AFFORDABLE KITCHENS & BATHS,

Plaintiff

v. ORDER

lVlERYL MADDEN,

Defendant

This is an appeal from a June 26, 2008 Small Oaims judgment in favor of Ms.

Madden. Following hearing the appeal must be Denied.

In essence, Affordable Kitchens claims that it is owed $4,460.93 under its contract

with the Maddens for work done at their home. Apparently, the Maddens claim that

Affordable Kitchens, or one of its subcontractors, damaged floors in the Madden home

and that the cost to repair the damage was greater than the amount claimed due by

Affordable Kitchens, an assertion which is challenged by Affordable Kitchens. The

Small Claims Court in a written decision agreed with the Maddens and entered

judgment for them. Affordable Kitchens brings this appeal.

As the proponent of the appeal, Affordable Kitchens must produce a record of

the Small Claims proceeding which is adequate for appellate review. This record may

consist of a transcript of the proceeding in Small Oaims court or a "statement of

evidence" approved by the Small Claims judge (see Rule 22(3) Me. Small Claims Rules

and Rule 76(c) Maine Rules of Civil Procedure). The burden of producing the record rests with Affordable Kitchens. Because such a record has not been provided, the

appeal must be Denied. Boothbay Register, Inc. v. Murphy, 415 A.2d 1079 (Me. 1980).

The entry will be as follows:

Affordable Kitchens' appeal is Denied: the Small Claims judgment is Affirmed and the case remanded to the District Court.

Dated: March I~ 2009

Affordable Kitchens and Baths - PL - Pro se Meryl Madden - DEF - Pro se