Rent-A-Ride v. Munson

• Court: Superior Court of Maine
• Decided: October 23, 2003
• Docket: CUMap-03-38
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT Cumberland, ss CIVIL ACTION IE OCKETNO. AP- 0Q- 2¥

, . f ef EC ~ Cu We loja WADDS

RENT-A-Ride, HAL CET PB ATE 2] Plaintiff/ Appellant , POND El v. DECISION ON APPEAL PERN AY ROBERT MUNSON, NOV 26 9993 Defendant / Appellee

Plaintiff Rent-A-Ride appeals from the District Court (Small Claims) judgment awarding it $300.00 plus costs on its claim of $3,020.50 against the defendant.

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 M.R.Civ.P. 76F(c).

On appeal, the plaintiff asserts that the judgment is against the weight of the evidence.

Without a record, this court is unable to review the correctness of the District Court's finding. “... [T]he appellant has the burden of providing ... a sufficient record

that allows adequate consideration of his arguments.” Tenny v. Benson, 741 A.2d 454

(Me. 1999). Therefore the entry is:

Appeal DENIED. Case is remanded to the District Court

Dated: October 23, 2003

Robert E. Crowley Justice, Superior Court Date Filed 06-02-2003 Cumberland Docket No. __ ap-93-38 County

Action Appeal from Lower Court (Small Claims)

RENT—A~RIDE ROBERT MUNSON ANNA M. DENNEDY

VS.

Plaintiff's Attorney Defendant’s Attorney

(PRO SE) David Chamberlain, Esq. (Munson) RENT-A-RIDE P.O. Box 2412

1020 CONGRESS Portland, ME 04116-2412

Anna M. Kennedy 10 Oak Circle Limerick, ME 04048

Date of Entry