James Nixon v. Brian Beauvais & a.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case Nos. 2015-0633 and 2016-0061, James Nixon v.
Brian Beauvais & a., the court on July 12, 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 defendant, Brian Beauvais d/b/a Northeast Auto Salon, appeals
orders of the Circuit Court (Quigley, J.) entering a judgment for the plaintiff,
James Nixon, in the amount of $3,159.00, plus court costs and statutory
interest, and denying the defendant’s counterclaim and motion to vacate the
judgment due to alleged fraud.

On August 4, 2015, the parties appeared in the trial court for a hearing
on the merits. Based upon the parties’ testimony and the evidence presented
at the hearing, the trial court found that the defendant failed to properly apply
a “high-end vinyl wrap” on the plaintiff’s Porsche vehicle. The court awarded
the plaintiff damages of $3,159.00, plus court costs and statutory interest. In
his motion to vacate the judgment, the defendant alleged that the plaintiff
committed fraud by testifying that he was embarrassed to drive the vehicle,
when the evidence showed that he appeared at a car show with the vehicle
prior to the hearing.

On appeal, the defendant raises numerous challenges to the credibility of
the plaintiff’s testimony and the weight to be given his evidence. We defer to a
trial court’s judgment on such issues as resolving conflicts in testimony,
measuring the credibility of witnesses, and determining the weight to be given
evidence. In the Matter of Aube & Aube, 158 N.H. 459, 465 (2009). We will
affirm the trial court’s findings if a reasonable person could have made such
findings based upon the evidence presented. Cook v. Sullivan, 149 N.H. 774,
780 (2003). Based upon our review of the record, we conclude that a
reasonable person could have found as the trial court did based upon the
evidence presented. See id.

The defendant’s request for attorney’s fees is denied.

Affirmed.

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

Eileen Fox,
Clerk