Carbone v. Cote

Opinion

‘STATE OF MAINE SUPERIOR COURT

CUMBERLAND, ss. oTaTE OF MAINE CIVIL ACTION CUMBERLAR 0, SS DOCKET NO. AP-02-036 NERS OFFICE peer ifr3)2098 THOMAS CARBONE and wi3 PbS MEREDITH CARBONE, 100} JAN Plaintiffs / Appellants v. DECISION ON APPEAL HOPE COTE, DONALD ARBRE ARY Defendant/ Appellee JAN 21 2003

Plaintiffs Thomas Carbone and Meredith Carbone appeal from the District Court (Small Claims) judgment for the defendant.

Neither party requested a recording of the hearing pursuant to M.R.S.C.P. 6 and therefore no recording was made. The appellants do not contend that the absence of a record of the proceedings in the District Court is for a reason "beyond the control of any party" as that term is used in MLR. Civ. P. 76F(c).

Without a record, this court is unable to review the correctness of the District Court's findings. "... [T]he appellant has the burden of providing ... a sufficient record that allows

adequate consideration of his arguments." Tenney v. Benson, 741 A.2d 454 (Me. 1999). They

have not met this burden. Hope A. Cote appeared for oral argument but the appellants, did not appear. Therefore the appeal is dismissed for failure to prosecute.

If the appeal had not been dismissed for failure to prosecute the appeal would have been denied. Therefore the entry is: _ Appeal DISMISSED. Case is remanded vn" Dated: January 13, 2003 fe, Robert E. Crowley Justice, Superior Court

Date Filed 07-16-02 CUMBERLAND Docket No. AP-02-36

County Action APPEAL FROM DISTRICT COURT THOMAS & MEREDITH CARBONE HOPE A. COTE VS. Plaintiff's Attorney Defendant’s Attorney THOMAS & MEREDITH CARBONE, PRO-SE HOPE A. COTE 2 Brookview Court 18 CEDARBROOK DRIVE

Scarborough, ME 04074 SCARBOROUGH ME 04074

Date of Entry