William Fortune v. P.H. Collins Builders, LLC & a.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2015-0390, William Fortune v. P.H. Collins
Builders, LLC & a., the court on April 29, 2016, 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 plaintiff, William Fortune, appeals a small claim judgment issued by
the Circuit Court (Morrison, J.) in favor of the defendants, P.H. Collins Builders,
LLC, Pernell H. Collins, and Lorri L. Collins. We construe the plaintiff’s brief to
argue that the trial court: (1) “acted as . . . an expert witness for the Defendants
by judging that the [plaintiff’s duct work] design had no value”; (2) “encouraged
. . . the Defendants to obfuscate”; (3) stopped recording the hearing “and did not
record the Plaintiff’s statement that the duct work is shown in the center of the
building for drafting convenience and . . . could be located anywhere, preferably,
against the wall where the furnace would be located”; (4) denied him the
opportunity to rebut the defendants’ arguments; (5) overlooked that the plaintiff’s
receipt for defendant Lorri Collins’s check was a written agreement, even though
the defendants had not signed it; (6) overlooked that “‘load calculations’ . . . were
part of the design”; (7) erred in not finding that “Plaintiff would not have
considered providing a . . . system design” had he not been “duped into thinking
that the Defendants were contractors/home builders”; and (8) erred by employing
its notes and recollection to reconstruct the final nine minutes of the hearing
missing from the transcript. Any issues raised in the notice of appeal, but not
fully briefed, are deemed waived. Mountain View Park, LLC v. Robson, 168 N.H.
117, 121 (2015). We decline to review issues that have not been fully briefed.
State v. Blackmer, 149 N.H. 47, 49 (2003).

As the appealing party, the plaintiff has 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 plaintiff’s challenges to it, the relevant law,
and the record submitted on appeal, we conclude that the plaintiff has not
demonstrated reversible error. See id.

Affirmed.

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

Eileen Fox,
Clerk