Mt. Hunger Shores Ass'n v. Braasch

• Court: Superior Court of Maine
• Decided: January 9, 2003
• Docket: CUMap-02-023
• Status: Unpublished

Opinion

STATE OF MAINE ATE OF MME SUPERIOR COURT "CUMBERLAND, ss. SBC ERT atlb, 9S CIVIL ACTION oOCS SEF ICE DOCKET NO. AP-02-023 — REC-Cym- 4 p pee aan KER : yy MT. HUNGER SHORES ASSOCIAMONE -9 P28 INC., Plaintiff/ Appellee v. DECISION ON APPEAL BRIAN K. BRAASCH, DONALD L. GARBRECHT LAW LIBRARY Defendant/ Appellant JAN 22 2003

Defendant Brian K. Braasch appeals from the District Court (Small Claims) judgment awarding damages against him in the amount of $565.00 and costs of $64.64 and attorneys fees of $52.50.

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 The appellees request for attorneys fees pursuant to 14 M.R:S.A. §1802 is Denied. Therefore the entry is:

Appeal DENIED. Case is remanded to the District Court.

Dated: January 8, 2003 HAS

Robért E. Crowley Justice, Superior Court

Date Filed 05-20-02 CUMBERLAND

Docket No. AP-02~23

.e County

Action APPEAL FROM DIST. COURT

MOUNT HUNGER SHORES ASSOC., INC.

Vs.

BRIAN BRAASCH

Plaintiff's Attorney

ERIKA FRANK ESQ 892-8484 840 ROOSEVELT TRAIL WINDHAM ME 04062

Date of Entry

Defendant’s Attorney

BRIAN BRAASCH, PRO-SE 90 Summit St. : Portland, ME 04103