Verani Realty, Inc. v. Joseph Scott & a.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2015-0190, Verani Realty, Inc. v. Joseph Scott
& a., the court on September 18, 2015, issued the following
order:

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

The defendants, Joseph Scott and Jeanne Scott, appeal the order of the
Circuit Court (LeFrancois, J.) entering a judgment for the plaintiff, Verani
Realty, Inc., in the amount of $11,444.40 plus court costs, arguing that the
court erred in finding that the plaintiff was entitled to a real estate broker’s
commission for procuring a buyer ready, willing, and able to purchase their
property. They assert that the buyer failed to provide sufficient proof of
financing, that the second deposit payment was late, and that the plaintiff
failed to deal fairly with them in marketing their home.

It is the burden of the appealing party, here the defendants, to provide
this court with a record sufficient to decide their issues on appeal. Bean v. Red
Oak Prop. Mgmt., 151 N.H. 248, 250 (2004); see also See Sup. Ct. R. 15(3)
(“If the moving party intends to argue in the supreme court that a finding or
conclusion is unsupported by the evidence or is contrary to the evidence, he
shall include in the record a transcript of all evidence relevant to such finding
or conclusion.”); Town of Nottingham v. Newman, 147 N.H. 131, 137 (2001)
(rules of appellate practice not relaxed for self-represented litigants).

The defendants’ arguments contain factual components premised upon
evidence presented to the trial court at the January 26, 2015 hearing. The
defendants failed to provide a transcript of the hearing. Absent a transcript,
we must assume that the evidence was sufficient to support the decision
reached. See Atwood v. Owens, 142 N.H. 396, 396 (1997). Accordingly, we
review the trial court’s decision for errors of law only, see id. at 397, and find
none.

Affirmed.

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

Eileen Fox,
Clerk