Cross v. Bouvier

Opinion

STATE OF MAINE SUPERIOR COURT YORK, SS. Civil Action Docket No. AP-14-036

NICKY LEE M. CROSS,

Plaintiff/ Appellee,

v. ORDER

HEATHER BOYCE BOUVIER,

Defendant/ Appellant.

Nicky Lee M. Cross brought a small claims action against Heather B. Bouvier to

recover monies that she claimed she had loaned Ms. Bouvier and that Ms. Bouvier

failed to repay . A final hearing was held in Biddeford District Court on November 4,

2014, after which the court (Janelle, J.) issued a judgment in Ms. Cross's favor in the

amount of $736.00 plus $99.99 in costs. Ms. Bouvier filed a timely appeal to this court.

Her appeal essentially challenges the sufficiency of the evidence.

The notice does not request a jury trial de novo. Thus, the court's review of

the District Court's decision is limited to questions of law only. See M .R.S.C.P. ll(d)(2).

Moreover, "[a]ny findings of fact of the District Court shall not be set aside unless

clearly erroneous." M.R. Civ. P. 76D.

To determine whether or not the District Court judge acted within his discretion

and the judgment is supported by the law, the person appealing the decision is required

to produce either a transcript of the proceeding, or, if no electronic recording was made,

a statement of the evidence and proceeding settled and approved by the judge who

heard the trial. M.R. Civ.P. 76F(a), (c). In this case, the notice of appeal indicates that

"[n]o electronic or other recording of the proceedings being available, a statement in

1 lieu of transcript will be prepared." However, a statement in lieu of a transcript in

accordance with Rule 76F(c) has not been prepared and filed. This court has no basis,

therefore, for reviewing the judgment of the District Court. Manzo v. Reynolds, 477

A.2d 732, 734 (Me. 1984).

Accordingly, the entry shall be:

Appeal is DENIED. Judgment of the District Court is AFFIRMED.

The clerk may incorporate this order upon the docket by reference pursuant to

Rule 79(a) of the Maine Rules of Civil Procedure.

SO ORDERED.

DATE: March 3, 2016