Moore v. Aiken

Opinion

STATE OF MAINE SUPERIOR COURT

CIVIL ACTION YORK, ss. DOCKET NOS. AP-03-029 AP-03-030 Cap. Une 5 5 oy PAULINE MOORE, . Plaintiff Vv. . RONALD L rota BUDDY AIKEN d/b/a LAWL. RAINBOW PAINTERS, JAN 30 2098 Defendant ORDER BUDDY AIKEN d/b/a RAINBOW PAINERS, Plaintiff Vv. PAULINE MOORE, Defendant

These are two Small Claims appeals from favorable judgments awarded to Mr. Aiken. Following hearing, Ms. Moore’s appeals are Denied.

Ms. Moore engaged Mr. Aiken to perform painting and minor repairs on her home. During the course of the work, she requested certain extra work. Mr. Aiken

requested additional payment before going forward and when some disagreement

arose concerning payment he left the job.

Mr. Aiken then brought a Small Claims action against Ms. Moore for a balance due of $1,600.00. In a separate Smali Claims action Ms. Moore brought a complaint for defective workmanship. Both cases were heard together and the District Court

awarded Mr. Aiken $1,200.00, plus costs and denied Ms. Moore’s claim. On appeal Ms. Moore has the obligation to provide the Superior Court with an adequate record for appellate review. Boothbay Register, Inc. v. Murphy, 415 A.2d 1079 (Me. 1980). She argues here that the Maine Home Construction Act, 10 M.RS.A. §1486, et seq. should bar recovery. The difficulty is that without a record of the District Court proceedings, it cannot be determined if this issue was raised below, or waived. In the

absence of an adequate record, these appeals must fail. At the direction of the Court, this

Order shall be incorporated into the docket by reference. Rule 79(a).

Dated: january 5, 2004

/) ye Pauline A. Moore - pro se — PL (AP~03-029) (. Lyfe

Buddy Aiken d/b/a Rainbow Painters ~ pro se J DEF (AP-03-029) G Arthur Brennan

Justice, Superior Court

Buddy Aiken d/b/a Rainbow Painters - pro se - PL Pauline Moore — pro se - DEF (AP-03-030)