Suzanne Strasenburgh & a. v. Darren Carter & a.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2014-0779, Suzanne Strasenburgh & a. v.
Darren Carter & a., the court on July 15, 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 plaintiffs, Suzanne Strasenburgh and JGS Acquisitions
Corporation/Hanover Printing Company, appeal an order of the Circuit Court
(Tenney, J.) dismissing the plaintiffs’ action seeking a writ of replevin against the
defendants, Darren Carter and Midnight Towing and Recovery. We note that
David Terreri, whom plaintiff Strasenburgh identified as the person who
requested the defendants to tow her vehicle and who the plaintiffs do not contest
was in legal possession of the parking lot, was not a party to this action. The
trial court observed that the plaintiffs “may, or may not have a valid claim
against Mr. [Terreri] for any fees and costs associated with her towing, but that
matter is not before this Court at this time.”

We construe the plaintiffs’ brief to contend that the trial court erred by: (1)
finding that an authorized official authorized the removal and storage of her
vehicle, see RSA 262:32 (2014); (2) finding that Terreri could authorize the
removal of her vehicle, see RSA 262:40-a (2014); and (3) failing to determine
whether the defendants “lawfully obtained possession of her automobile” and
whether the defendants’ fees were reasonable.

As the appealing parties, the plaintiffs have the burden of demonstrating
reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014). Based upon our
review of the trial court’s order, the plaintiffs’ challenges to it, the relevant law,
and the record submitted on appeal, we conclude that the plaintiffs have not
demonstrated reversible error. See id.

Affirmed.

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

Eileen Fox,
Clerk