Shannon O'Keefe v. Jaye Burns

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2015-0606, Shannon O'Keefe v. Jaye Burns, the
court on April 29, 2016, 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 defendant, Jaye Burns, appeals the order of the Superior Court
(McNamara, J.) denying his motion to vacate a final judgment entered in favor
of the plaintiff, Shannon O’Keefe. In his brief, he raises a number of factual
issues.

It is the burden of the appealing party, here the defendant, to provide
this court with a record sufficient to decide his issues on appeal, as well as to
demonstrate that he raised his issues in the trial court. Bean v. Red Oak Prop.
Mgmt., 151 N.H. 248, 250 (2004); see also 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).

In this case, the defendant has failed to provide a transcript of any
hearings held in the trial court or any other record of the trial court
proceedings sufficient to decide his issues on appeal or to demonstrate that he
raised his issues in the trial court. See Bean, 151 N.H. at 250. Accordingly,
we assume that the evidence was sufficient to support the trial court’s order.
See Atwood v. Owens, 142 N.H. 396, 396 (1997).

Moreover, the defendant has failed to identify any error by the trial court
in denying his motion; nor has he provided any developed legal argument to
support his appeal. See Appeal of Omega Entm’t, 156 N.H. 282, 287 (2007)
(judicial review not warranted for complaints regarding adverse rulings without
developed legal argument).

Affirmed.

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

Eileen Fox,
Clerk