MBF Windows v. Richman

Opinion

STATE OF MAINE SUPERIOR COURT

CUMBERLAND, ss. _ CIVIL ACTION Sake OF MAINE DOCKET NO. AP-07 20 GUMBERL AN , wep me. Vio Ay sigye CLERICS GF Fie EIN TP 99 MBF WINDOWS., . Plaintiff/ Appellee v. DECISION ON APPEAL NORMAN RICHMAN d/b/a DONALD L. GAFIBRECHT Cape Builders and Remodeling, LAW LIBRARY Defendant/ Appellant

JAN 22 2003

Defendant Norman Richman appeals from the District Court (Small Claims) judgment awarding plaintiff damages of $3,742.34 against defendant plus’costs.

Neither party requested a recording of the hearing pursuant to M.R.S.C.P. 6 and therefore no recording was made. The appellant does 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). He has

not met this burden.

MBF Windows appeared for oral argument but the appellant, Norman Richman 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 to the District Court.

Dated: January 8, 2003

Robert E. Crowley Justice, Superior Court

Docket No. AP-02~20

Date Filed___ 99-96-02 CUMBERLAND County Action APPEAL FROM DISTRICT COURT

MBF WINDOWS

Vs.

NORMAN RICHMAN d/b/a CAPE BUILDERS & REMODELIN(

Plaintiff's Attorney

PRO SE 3 DELTA DRIVE WESTBROOK ME 04092

Date. of

Defendant’s Attorney

NORMAN RICHMAN, PRO-SE 13 SPOONDRIFT LANE CAPE ELIZABETH, ME 04107