Peter N. Bookas v. Irene Liakakos

• Court: Supreme Court of New Hampshire
• Decided: June 19, 2015
• Docket: 2014-0764
• Status: Unpublished

Opinion

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2014-0764, Peter N. Bookas v. Irene Liakakos, the court on June 19, 2015, issued the following order:

Having considered the briefs and record submitted on appeal, we conclude that oral argument is unnecessary in this case. See Sup. Ct. R. 18(1). We affirm.

The plaintiff, Peter Bookas, appeals an order of the Superior Court (Temple, J.) dismissing, for failure to state a claim, his complaint against the defendant, Irene Liakakos. The plaintiff contends that “[t]his case should be remanded to the superior court for an oral hearing and reconsideration” because he has new evidence, consisting of his affidavit, that the defendant “made a misrepresentation when conveying to herself joint tenant rights” in real property belonging to him and that the defendant “made materially false statements that the document [he] was signing . . . was a will.”

It is a long-standing rule that parties may not have judicial review of issues they did not raise in the trial court. Bean v. Red Oak Prop. Mgmt., 151 N.H. 248, 250 (2004). The record does not establish that the plaintiff moved to amend his complaint to include the alleged misrepresentations, see Tessier v. Rockefeller, 162 N.H. 324, 332 (2011) (stating fraud must be pleaded with specificity), or otherwise brought the new allegations to the trial court’s attention in a timely motion for reconsideration, see Super. Ct. Civ. R. 12(e); N.H. Dep’t of Corrections v. Butland, 147 N.H. 676, 679 (2002). Therefore, we conclude that the plaintiff’s argument is not preserved for our review.

Affirmed.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.

Eileen Fox, Clerk