Presby v. Presby

• Court: Superior Court of Maine
• Decided: October 12, 2000
• Docket: CUMap-00-015
• Status: Unpublished

Opinion

»

STATE OF MAINE ARES UE 3g SUPERIOR COURT CUMBERLAND, ss. ots OFFICE CIVIL ACTION

LER OS YET) _ DOCKET NO. APOOOIS ~~ e _ 2 . LAURINDA L. PRESBY Ger 12 4 29 Th 00 Am Cut 1o/ ‘al we n/k/a LAURINDA L. WHYLOCK, act

neh UGE ee Ae

Plaintif¢

vs. DECISION AND ORDER.

EDMUND E. PRESBY, JR.,

= TR

BONALD L. CA Defendant Lada bt:

oct 31 2008 : On 2/17/00, the defendant filed his notice of appeal of the 1/14/00 order of the

District Court on the defendant's motion to enforce judgment and motion for sanctions. The defendant's statement of facts, filed 3/29/00 and objected to by the plaintiff, was specifically not approved by the District Court by order dated 3/30/00. No further action with regard to a record of the District Court hearing has been provided. See M.R. Civ. P. 76F (c) & (d).

In order to determine whether the court erred“in clarifying the 1992 divorce judgment and the 1995 order on defendant’s motion to amend the divorce judgment, the inquiry is whether the prior orders are ambiguous and whether the court’s construction of the prior orders is consistent with the language read as a

whole and is objectively supported by the record. See MacDonald v. MacDonald, 582

A.2d 976, 977 (Me. 1990). That record cannot consist of parts of the record that support the defendant’s argument. See, e.g., Def.’s Reply Brief at 2-3. The fact that the District Court declined to make factual findings does not obviate the need to

provide a record. See Order of 3/3/00.

In their briefs on appeal, both parties reference testimony at the hearing. See, e.g., Def.'s Brief at 4-5; Pl.'s Brief at 7; Def.'s Reply Brief at 3. The appellant has the burden of providing a sufficient record to allow adequate consideration of his

arguments. See Tenney _v. Benson, 1999 ME 177, { 1, 741 A.2d 454, 455. In the

absence of any record, the court has no basis on which to determine the issues on appeal. See id.

The entry is

The Defendant's Appeal is DENIED.

The Decision of the District Court dated 1/14/00 is AFFIRMED.

Dated: October 12, 2000 / sed We

Nandy Mills Justice, Superior coud

ee s. g Date Filed _02-28-00 Cumberland Docket No. __APOO-015 County ‘age Action District Court Appeal ie a 2) oy

Laurinda Presby

VS.

Editiund Presby, Jr.

Plaintiff's Attorney

Judianne M. Demers, Esq. 775-2484 765 Congress Street Portland, ME 04102

ate of Entry

Defendant’s Attorney

Neal L. Weinstein, Esq. 934-2173 P.O. Box 660 : Old Orchard Beach, ME 04064-0660