Pritchett v. LaQuidara

• Court: Superior Court of Maine
• Decided: January 25, 2018
• Docket: YORap-17-0040
• Status: Unpublished

Opinion

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STATE OF MAINE SUPERIOR COURT YORK, ss. Civil Action Docket No. AP-17-0040

THOMAS PRITCHETT,

Plaintiff/Appellant,

v. ORDER

ROBERT LAQUIDARA

Defendant/Appellee.

Appellant Thomas Pritchett appeals from a small claims judgment entered

for Robert Laquidara after a final hearing in York District Court (Janelle, J.) on

October 5, 2017. The appeal is denied because appellant failed to file a

statement of the record in compliance with the rules.

Judgment entered on October 12, 2017. A timely appeal was filed on

November 13, 2017. Upon the filing of the notice of appeal, the clerk issued a

notice and briefing schedule on the same date (November 13, 2017) requiring

appellant to file a "statement in lieu of transcript" by January 12, 2018, and a

brief 40 days after that date. On January 8, 2018, appellant filed a two-page

document that presumably purports to be a statement in lieu of transcript.

Although small claims actions are by nature less formal proceedings, there

are rules that apply. The Maine Rules of Small Claims Procedure "govern the

procedure in all small claims actions in the District Court and on appeal in the

Superior Court." M.R.S.C.P. 1.

1 r Rule ll(d)(l) of the rules states: "An appeal by a plaintiff shall be on

·questions of law only and shall be determined by the Superior Court without a

jury on the record on appeal prepared as provided in paragraph (3) of this

subdivision." M.R.S.C.P. 1 l(d)(l) (emphasis added). Paragraph 3 of Rule 1 l(d)

provides that "Rule 76F of the Maine Rules of Civil Procedure applies to the

preparation and transmission to the Superior Court of the record on appeal in

small claims actions". M.R.S.C.P. ll(d)(3).

In cases such as this one, where there apparenlty was no electronic

recording of the hearing in District Court and therefore no transcript of the

hearing available on appeal, Rule 76F(c) provides an alternative procedure for

preparing an appropriate record. The procedure is as follows. The person

appealing must (i) prepare a statement of the evidence and proceeding; (ii)

provide said statement to the opposing party within 10 days after an appeal is

taken; and then (iii) submit the proposed statement to the District Court judge

who heard the trial "for settlement and approval." M.R. Civ.P. 76F(c). It is the

"settled and approved" statement that becomes the record on appeal in the

Superior Court." It appears this was not done here.

Because the record on appeal contains neither a transcript nor a proper

statement in lieu of transcript, this court has no basis upon which to review the

District Court's decision. Manzo v. Reynolds, 477 A.2d 732, 734 (Me. 1984). It

is especially important in a case such as this one-where the issue on appeal

may be whether the District Court judge properly concluded that there was

insufficient evidence to find defendant liable-to have a proper, complete and

2 independent record of the District Court proceeding. Otherwise, how is this court

to determine fairly whether the trial judge was correct or incorrect?

It is appellant's responsibility to "settle the record" in accordance with the

procedures set out in the rules. Absent a proper record on appeal, the reviewing

court assumes that the trial court's findings were supported by the evidence.

See Barr v. Jordan, 2008 ME 87, 948 A.2d 582. To the extent there are other

legal issues presented by the appeal, the court lacks an independent record on

/ which to assess them.

Accordingly, the entry is: "Appeal DENIED. Judgment of the District Court

AFFIRMED." The clerk may incorporate this order upon the docket by reference

pursuant to Rule 79(a) of the Maine Rules of Civil Procedure.

SO ORDERED.

Dated: January 25, 2018

ENTERED ON THE DOCKET ON: '/26'I/2.(j/~ ':